Full text of "Laws of the State of Illinois"

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TABLE OF CONTENTS. 



ADMINISTRATION OF ESTATES : Page. 

Claims against EsxAXEi: 
An act to amend sectionj sixty (60) of an act entitled 'An act in regard to the Administra- 
tion of Estates, ' ■' approved April 1, 1872. Approved May 21, 1877. In force July 1, 1877. 1 

Unclaimed Money in the Hands of Administeatoes and Execotoes : 
An act to provide for the disposal of unclaimed moneys in the hands of Administrators 
and Executors. Approved May 12,1877. In force July 1, 1877 2 

AGRICULTURE AND HORTICULTURE: 
Agricultuee : 
An act in relation to the State Board of Agriculture. Approved and in force May 12, 1877. 2 

Collection and Publication of Ageiculttjeal and Othee Statistics : 
An act to secure the Collection and Publication of Agricultural and other Statistics. Ap- 
proved and in force May 25, 1877 3 

AMENDMENTS TO THE CONSTITUTION : 

An act to provide the manner of proposing amendments to the Constitution, and submit- 
ting the same to the electors of this State. Approved March 14, 1877. In force July 1, 
1877 4 

ANIMALS : 

An act declaring certain animals and birds feraj naturte to be personal property. Ap- 
proved April 10, 1877. In force July 1, 1877 ^ 

Enfoecement of the Law to Peevent Cruelty to : 
An act to secure the enforcement of the law for prevention of cruelty to animals. Ap- 
proved May 25, 1877. In force July 1, 1877 6 

APPROPRIATIONS : 

State Board of Ageicultuee : 
An act making an appropriation for the State Board of Agriculture, and the County and 
other subordinate Boards of Agriculture. Approved May 21, 1877. In force Julv 1, 
1877 7 

Claim of Barnard and Gowen : 
An act to pay Barnard and Gowen damages suffered by a failure of the State to furnish 
cut stone from the State penitentiary, according to its contract. Approved May 17, 1877 
In force July 1, 1877 .' 8 

Institution for the Blind ; 
An act making appropriations for the expenses of the Illinois Institution for the Educatio_n 
of the Blind, for the years 1877 and 1878. Approved May 18, 1877. In force July 1, 18(7 9 

Conviction of Criminals in Other States : 
An act to provide for the payment of the expenses of the arrest and conviction of crim- 
inals for crimes committed upon citizens of this State, in other States. Approved May 
16, 1877. In force July 1, 1877 9 

Copperas Creek Dam : 
An act to make further Appropriations for the Completion of the Copperas Creek Dam 
and Lock on the Illinois River. Approved May 11. In force July 1, 1877 '^ 

Institution foe the Deaf and Dumb : 
An act for the erection of Workshops for the Illinois Institution for the Education of the 
Deaf and Dumb, and for special repairs on said Institution. Approved May 18, 1877. 
In force July 1, 1877 10 



IV CONTENTS. 



APPROPRIATIONS— Continued. Page. 
Institution for the Deaf and Dumb : 
An act for the support of the Illinois Institution for the Education of the Deaf and Dumb, 
and for general repairs thereon, and for the Pupils' Library. Approved May 18, 1877. 
In force July 1, 1877 11 

Douclas Monument : 
An act to appropriate Fifty Thousand Dollars to complete the Douglas Monument at Chi- 
cago. Approved May 2i, 1877. In force July 1, 1877 11 

Expenditures Incurred in Suppressing the Rebellion : 
An act making an Appropriation for the^xpenditures incurred in Suppressing the Rebel- 
lion. Approved May 12, 1877. In force July 1, 1877 12 

Eye and Ear Infirmary at Chicago : 
An act to make appropriations for the Illinois Charitable Eye and Ear Infirmary, at 
Chicago. Approved May 22, 1877. In force July 1, 1877 .' 12 

Asylum for Feeble Minded Children : 
An act making Appropriations for the Illinois Asylum for Feeble Minded Children. Ap- 
proved May 21, 1877. In force July 1 1877 13 

Relief of the German National Bank : 
An act for the Relief of the German National Bank of Chicago. Approved May 18, 1877. 
In force July 1, 1877 14 

Horticultural Society. 
An act making an appropriation in aid of the Illinois State Horticultural Society. Ap- 
proved May 15, 1877. In force July 1, 1877 16 

Industrial University : 
An act making appropriations for the Illinois Industrial University. Approved May 18, 
1877. In force July 1, 1S77 17 

Hospital for the Insane, Central : 
An act entitled, "An act making appropriations to defray the ordinary expenses of the 
Illinois Central Hospital for the Insane, located at Jacksonville, and for making repairs 
and improvements to said Hospital." Approved May 17, 1877. In force July 1, 1877 18 

Hospital for the Insane, Central: 
An act for erecting additional buildings to the Central Hospital for the Insane, located at 
Jacksonville, and for lieatiug and furnishing the same. Approved and in force May 18, 
1877 19 

Hospital for the Insane, Eastern : 
An act making appropriations for land and for the construction of buildings for the Hli- 
nois Eastern Hospital for the Insane. Approved May 25, 1877. In force July 1, 1877 21 

Hospital for the Insane, Northern : 
An act to remove two cottages now on the grounds of the Illinois Northern Hospital for 
the Insane, at Elgin, and putting foundations under the same, and making additions 
thereto, for Hospital purposes, and to furnish the same, and to erect two lodges at gate- 
ways to Hospital grounds. Approved and in force May IS, 1877 24 

Hospital for the Insane, Northern : 
An act making appropriations for ihe ordinary and other expenses of the Illinois North- 
ern Hospital for the Insane, at Elgin. Approved May 18, 1877. In force July 1, 1877 26 

Hospital for the Insane, Southern : 
An act making appropriations for the ordinary and other expenses of the Illinois South- 
ern Hospital for the Insane, at Anna. Approved May 17, 1877. In force July 1, 1877 26 

Completion of the Lincoln Monument: 
An act making an appropriation for the completion of the Lincoln Monument, at Spring- 
field, Illinois, Approved May 21, 1877. In force July 1, 1877 27 

Normal University, Normal: 
An act making an appropriation for the ordinary expenses of the Normal Universly, at 
Normal, and for repairs to the same, and for additions to the library, museum aud ap- 
paratus thereof. Approved May 18, 1877. In force July 1, 1877 27 

Normal University — Southern : 
An act making appropriations to the Southern Normal University at Carbondale. Ap- 
proved May 15, 1877. In force July 1, 1877 28 

Normal University— Southern: 
An act making an appropriation to introduce steam-heating Apparatus into the build- 
ing of the Southern Illinois Normal Uuiversity, at Carbondale. Approved May 21, 
1877. In force July 1, 1877 20 



CONTENTS. 



APPROPRIATIONS— CoNTiNrED. Page. 

Penitentiaky— Northern. 
An act making an appropriation for the Illinois State Penitentiary. Approved and in 
force May 17, 1877 30 

Penitentiary — Southern: 
An act to locate, construct and carry on the Southern Illinois Penitentiary. Approved 
May 24, 1877. In force July 1st, 1877 30 

Reform School: 
An act making appropriations for the State Reform School at Pontiae. Approved May 
18, 1877. In force July 1, 1877 .^. 35 

Illinois Soldiers' Orphans' Home : 
An act to make appropriations for the Illinois Soldie7-s' Orphans' Home, and to maintain 
said Institution for the next two vears. Approved May 17, 1877. In force July 1, 
1877 '. 36 

Improvement of Outlet of Spring Lake: 
An act to appropriate money for the improvement of an outlet from Spring Lake to the 
Illinois River. Approved" May 17, 1877. In force July 1, 1877 37 

Incidental Expenses of the Thirtieth General Assembly- : 
An act to provide for the payment of the incidental expenses of the Thirtieth General 
Assemblv which have accrued and will accrue prior to July 1, 1877. Approved and in 
force April 27, 1877 37 

Expenses of Government, etc. : 
An act to provide for the necessary expenses of the State Government and the (Jeneral 
Assembly incurred or to be incurred, and now unprovided for, until the 30th day of 
June, 1877. Approved and in force May 16, 1877 :38 

Pay Officers of General Assembly', etc.: 
An act making an appropriation for the payment of the officers and members of the 
next General Assembly, and for the salaries of the officers of the State Government. 
Approved May 22, 1877. In force July 1, 1877 , 39 

Ordinary and Contingent Expenses of the Government: 

An act to provide for the ordinary and contingent expenses of the State Government 
until the expiration of the first "fiscal quarter after the adjournment of the next regu- 
lar session of tlie General Assembly, and for the purpose of suspending the salaries of 
the State House Commissioners from July 1, A. D. 1877, until provision is made for 
funds to complete the State House building. Approved Mav 24, 1877. In force July 1, 
1877 '. 40 

Completion and Furnishing State House: 
An aci to provide means for the completion and furnishing the State House, and for the 
improvement of the grounds, and to suspend the payment of the salaries of the State 
House Commissioners ; to provide for the safe-keeping of the records of their office, and 
to regulate the pay and employment of employes by such Commissioners. Approved 
May 18, 1877. lu force July 1, 1877 46 

Purchase Four Acres South of State House : 
An act to secure to the State of Illinois four acres of additional grounds lying south of and 
adjoining the new Capitol grounds. Approved May 21, 1877. In force "July 1, 1877 47 

Reimburse Williamson and Jackson Counties: 
An act to reimburs e the counties of Williamson and Jackson for amounts expended by 
said counties in suppressing an insurrection against the laws of this State, known as the 
Williamson County Vendetta. Approved May 18, 1877. In force July 1, 1877 50 

CEMETERIES : 

An act to amend an act entitled " An act to enable cities and villages to establish and 
regulate cemeteries," approved March 24th, 1874. Approved May 25,1877. In force 
July 1, 1877 51 

CHAPJTABLE INSTITUTIONS: 

Admission of Patients into the Hospital foe the Insane : 
An act to secure equality among the counties in the matter o' the admission of patients 
into the State Hospitals for the Insane, and to provide for settlement with such hospi- 
tals by the counties. Approved May 25, 1877. In force July 1, 1877 51 

CITIES, VILLAGES AND TOWNS: 
Of the Organization of Cities : 
An act to amend an act entitled " An act to provide for the incorporation of Cities and 
Villages," approved April 10, 1872. Approved May 25, 1877. In force July 1. 1877 5S 



YI CONTENTS. 



CITIES, VILLAGES AND TOWNS-Continued. Page 
Election of Officers: 
An act to amend section one of article four of an act entitled " An act to provide for ti.e 
incorporation of cities and villages," approved April 10, 1872. Approved and in force 
March 9, 1877 .54 

An act to amend an act entitled " An act to provide for the incorporation of Cities and 
Villages," approved April 10, 1872 In force July 1, 1872. Approved and in force JVIarch 
26, 1877 51 

An act to repeal an act incorporating the town of Macedonia. Approved April 11, 1877. In 
force Julyl, 1877 .5.> 

SuRPLVs Fund or Tax: 

An act to prohibit any city, town or village in this State from receiving from the County 
Treasury a greater proportion of the surplus fund or tax, than shall be received by any 
other city, town or village within the .same county. Approved May 4, 1877, and in" force 
July 1, 1877 55 

Assessment, Levy and Collection of Back Taxes : 
An act in regard to the assessment, levy and collection of the taxes of incorporated 
cities in this State, for years prior to the vear 1877. Approved May 5, 1877. In force 
Julyl, 1877 .'. 5(> 

Water Taxes, Kates or Assessments : 
An act to provide for the collection of water taxes, rates or assessments heretofore levie d 
in certain cities. Approved May 21, 1877. In force July 1, 1877 60 

Assessment and Collection of Municipal Taxes : 
An act in regard to the assessment and collection of municipal taxes. Approved Mav 23, 
1877. In force July 1, 1877 '. 61 

Ferries and Bridges: 
An act to enable cities and villages incorporated under any general or special law of this 
State, to acquire by purchase, lease or gift, establish, maintain, license and regulate 
terries, bridges, the approaches thereto and tolls thereon. Approved May 22, 1877. In 
force July 1,1877 ; 61 

Police and Firemen's Relief Fund: 
An act for the relief of disabled members of the police and Are departments in cities and 
villages. Approved May 21, 1877. In force July 1st, 1877 62 

COMMISSION OF CLAIMS : 

An act to create a commi.ssion of claims, and to prescribe Its powers and duties. Ap- 
proved May 29, 1877. In force July 1, 1877 6-J 

CONVEYANCES : 

An act to amend the law of real propertv. Approved April 13, 1877. In force July 
1, 1877 : „ 65 

CORPORATIONS : 

Suits against Stockholders: 
An act to amend section twenty-five (25) of an act entitled " An act concerning cor- 
porations," approved April 18, 1872. Approved M.iy 22, 1877. In force July 1, 1877 66 

Changing Number of Directors : 
An act authorizing the changing of the number of Directors of Incorporated Companies 
in certain cases. Approved and in force May 22, 1877 67 

COUNTIES : 

Removal of Obstructions from Water Courses: 
An act authorizing County boards to remove driftwood and other obstructions from 
watercourses. Approved May 11, 1877. In force July 1, 1877 6S 

COURTS : 

Appellate Courts: 

An act to establish Appellate Courts. Approved June 2, 1877. In force July 1, 1877 69 

Judicial Circuits : 

An act to divide the Slate of Illinois, exclusive of the county of Cook, into Judicial Cir- 
cuits. Approved June 2, 1877. In force July 1, 1877 '. 73 

Supreme Coitrt Reports: 
An act to regulate the reporting of the decisions of the Supreme Court of this State, to 
fix the compensation of the reporter, to fix the price of said Reports, to provide for the 
purcha.se of certain copies thereof by the State and for their distribution. Approved 
May 17, 1877. In force July 1, 1867 74 



CONTENTS. VII 



COURTS— CoxTiNUED. Page. 

City Courts: 

An act to amend sections five (5), ten (10) and twenty -one (21) of an act entitled " An act 
in relation to courts of record in cities," approved March 20, 1874. Approved May 21, 
1877. In force July 1, 1877 ". 75 

County Courts: 

An act to amend sections seven (7) and one liundred and twenty-three (12S) of an act en- 
titled "An act to extend the jurisdiction of county courts, and to provide for the prac- 
tice thereof, t6 fix the time for holding the same, and to repeal an act therein named," 
approved March 26, 1874. Approved May 21, 1877. Iii force July 1, 1877 77 

An act to amend sections eighteen (18). twenty-four (24), thirty-three (33), thirty-seven 
(37), forty-three (43, forty-eight (48), fifty-nine (59), sixty-five (65), seventy-four (74), 
eighty-one (81), eighty-four (84), eighty-five (85), ninety-two (92), one hundred (100), one 
hundred and one (101), one hundred and five (105), one hundred and seven (107), and 
one hundred and sixty-three (163) of an act entitled "An act to extend the Jurisdic- 
tion of County Courts, and to provide for the practice thereof, to fix the time for hold- 
ing the same, and to repeal an act therein named," approved March 26th, 1874. In 
force July 1st, 1874. Approved May 22, 1877. In force July 1, 1877 78 

An act to amend section eighty-four (84^ of an act entitled " An act to extend the juris- 
diction of County Courts, and to provide for the practice thereof, to fix the time for 
holding the same, and to repeal an act therein named," approved March 26th, 1874. 
In force July 1st, 1874. Approved May 22, 1877. In force July 1, 1877,, 79 

An act to amend section twenty-one (21) of an act entitled " An act to extend the juris- 
diction of County Courts and to provide for the practice thereof, to fix the time for 
holding the same, and to repeal an act therein named," approved March 26, 1874.. 
Approved May 22, 1877. In force July 1, 1877 79 

Probate Courts: 

An act to establish Probate Courts in all counties having a population of one hundred 
thousand, or more, to define the jurisdiction thereof, and regulate the practice therein, 
and to fix the time for holding the same. Approved April 27, and nn force July 1, 1877, 79 

The Recorder's Court in the City of El Paso : 
An act to repeal an act entitled " An act to establish a Recorder's Court in the city of El 
Paso," approved March 6th, 1869, and to repeal an act entitled " An act supplemental to 
an act entitled ' An act to establish a Recorder's Court in the city of El Pas(j,' approved 
March 6th, 1869, and to provide for the turning over to the Circuit Court of 'V^oodford 
county of the records, books, dockets, files and papers of the said Recorder's Court of 
the city of El Paso, and to authorize and empower the Circuit Court of Woodford county 
to make all orders necessary to carry into effect all judgments, orders and decrees of 
said Recorder's Court, and to authorize the Clerk of the Circuit Court of Woodford 
county to issue all necessary process to carry into effect all unsatisfied judgments and 
decrees of said Recorder's Court. Approved and in force March 26, 1877 84 

CRIMINAL CODE: 

BURGLARY' : 

An act to amend section thirty-six (36), of an act entitled " An act to revise the law in 
relation to criminal jurisprudence," approved March 27, 1874. Approved April 10, 1877. 
In force July 1, 1877 85 

Larceny' : 
An act to amend section number 168 of an act entitled " An act to revise the law in rela- 
tion to criminal jurisprudence," approved March 27, 1874. Approved April 10, 1877. In 
force July 1, 1877 , So 

Malicious Mischief : 
An act to amend an act entitled " An act to revise the law in relation to criminal juris- 
prudence," approved March 21, 1874. Approved May 23, 1877, In force July 1, 1877 86 

Taking Illegal Fees : 
An act to amend section 213 of an act entitled ■' An act to revise the law in relation to 
criminal jurisprudence," approved March 27, 1874. Approved May 25, 1877, In force 
July 1, 1877 87 

Vagabonds : 
An act to amend an act entitled "An act to revise the law in relation to crim- 
inal jurisprudence," approved March 27, 1874. Approved April 27, 1877. In force July 
1, 1877 87 

Witnesses : 
An act to amend section 272 of division one (1) of an act entitled " An act to revise the 
la^v in relation to criminal jurisprudence," approved March 27, 1874. Approved Mav 
22, 1877. In force July 1, 1877 89 



VIII ■ CONTENTS. 



CHILDREN : Page, 
To Prevent and Punish Wrongs to Children : 
An act to prevent and punish wrongs to children. Approved May 17, 1877. In force July 
1, 1877 90 

Coloring Grain : 
An act to prevent frauds in the coloring of grain. Approved May 25, 1877. In force July 
1, 1877 91 

Conspiracy : 
An act to define and punish Conspiracies in the State of Illinois. Approved April 19, 1877. 
In force July 1, 1877 92 

Extravagance in Expenditure of Money on Public Works : 
An act to punish fraud or extravagance in the expenditure of moneys appropriated for 
Publiclmprovements. Approved May 28, 1877. In force July 1, 1877 ^ 92 

DESCENT : 

An act to amend section one (1) of an act entitled "An act in regard to the descent of pro- 
perty," approved April 9, 1S72. In force July 1, 1872. Approved May 2.5, 1877. In force 
July 1, 1877 93 



DIVORCES: 



An act to Punish the Offense of Advertising for Divorces. Approved April 12, 1877. In 
force July 1, 1877 95 



DRAINAGE : 



An act to protect by levee, lands subject to overflow, and for draining wet or swamp land 
and coal mines. Approved May 16, 1877. In force July 1, 1877 9.5 



DRAM-SHOPS : 



An act to amend section two (2) and six (6) of "An act to provide for the licensing of , 
and against the^vils arising from the sale of intoxicating liquors," approved March 30, 
1874. Approved May 18, 1877. In force July 1, 1877 99 

ELECTIONS . 

An act to amend section 68, of an act in regard to elections, and to provide for filling va- 
cancies in elective offices, approved April 3, 1872. Approved May 24, 1877. In force 
Julyl, 1877 100 

An act to repeal an actentitled, "An act to fix the place of holding elections in the town 
of Silver Creek, in the countv of Stephenson," approved Feb. 19, 1867. Approved May 
25, 1877. Inforce July 1, 1877 100 

EVIDENCE AND DEPOSITIONS : 

An act to amend section twent}'-two (22), of " An act in regard to Evidence and Deposi- 
tions iu Civil Cases," approved March 29, 18,72. Approved May 21, 1877. In force July 
1, 1877 101 

EXEMPTIONS : 

An act to exempt certain personal property from attachment and sale on execution, and 
from distress for rent. Approved May 24, 1S77. In force July 1, 1877 101 

FEES AND SALARIES: 

An act to amend section five (5) of an act entitled "An act concerning fees and salaries, 
and to classify the several counties of this State with reference thereto," approved 
March 29, 1872. In force July 1, 1872. Approved May 11, 1877. In force July 1, 1877 103 

Masters in Chancery : 
An act to amend section twenty (20) of an act entitled " An act concerning fees and sal- 
aries, and to classify the several counties of this State with reference thereto," 
approved Marcli 29, 1872, title as amended by act approved March 28, 1874. Approved 
May 25, 1877. In force Julyl, 1877 104 

Fees of County Collectop^ : 
An act to amend section twenty-one (21) of an act entitled " An act concerning fees and 
salaries, and to classify the seVeral counties of this State with reference thereto," as 
amended by act, approved March 28, 1872. Approved May 22, 1877. In force July 1, 
1877 105 

Fees and Compensation of Clerks of Courts of Record, Except in Probate Matters 
—In Counties of the Third Class. 
An act to amend section thirty-three (33) of an act entitled " An act concerning fees and 
salaries, and to classify the several counties of the State with reference thereto," ap- 
proved March 29, 1872. Title as amended by act approved March 28, 1874. Approved 
May 21, 1877. In force July 1, 1877 1(» 



CONTENTS. ix 



FEES AND SALARIES— Continued. Page. 

Fees of Constables : 
An act to amend section forty-one (41) of an act entitled "An act concerning fees and 
salaries, and to classify the several counties of this State with reference thereto," apy- 
proved March 29, 1872, title as amended by act approved March 28, 1874. Approved and 
m force May 17, 1877 107 

FISCAL YEAR: 

An act to amend Section two (2) of an act entitled " An act to change the fiscal year of 
the State and designate the time reports slaall be made to the Governor by the Secretary 
of State, Auditor of Public Accounts, State Treasurer, Adjutant General, State Ento- 
mologist, Commissioners of the Penitentiary, Trustees of the Industrial University, the 
Trustees of the Normal Universities, the State Board of Agriculture, the Trustees of 
the Reform School, the Board of Public Charities and the Trustees of the State Charita- 
ble Institutions," approved March 29, 1875. Approved and in force May 2.5, 1877 108 

FORCIBLE ENTRY AND DETAINER : 

An act to amend sections 18 and 20 of an act entitled " An act in regard to forcible entrj- 
and detainer," approved and in force February 16, 1874. Approved May 24, 1877. In 
force July 1, 1877 109 

GAME: 

An act to amend an act entitled ' ' An act to re\'ise and consolidate the several acts relating 
to the protection of game, and for the protection of deer, wild fowl and birds, and to 
repeal certain laws," approved May 3, 1873. In force Julv 1, 1873. Approved May 14, 
1877. In force July 1, 1877 110 

GENERAL ASSEMBLY : 

Officees of the General Assembly ; 
An act to provide for the election and appointment of the ofhcers and employees of the 
General Assemblv of the State, and to flx their compensation. Approved May 28, 1877 . 
In force July 1, 1877 Ill 

GUARDIAN AND WARD : 

An act to amend section seven (7) and twenty-eight (28) of an act entitled "An act in re- 
gard to Guardians and Wards," approved April 10, 1872. In force July 1, 1872. Ap- 
proved May 21, 1877. In force July 1, 1877 114 

HUSBAND AND WIFE : 

Action for Maintenance and Support ; 
An act in relation to married women. Approved May 17, 1877. In force July 1, 1877 116 

INSOLVENT DEBTORS: 

An act to amend section nine (9) of an act entitled "An act concerning insolvent debtors," 
approved April 10, 1872. Approved May 18, 1877. In force July 1, 1877 116 

Voluntary Assignments : 
An act concerning voluntary assignments, and conferring jurisdiction therein upon 
County Courts. Approved May 22, 1877. In force July l,l'i77 116 

INSURANCE: 

Fire, Marine and Inland Navigation : 
An act to amend section 17 of an act entitled "An act to incorporate and to govern fire, 
marine and inland navigation Insurance Companies doing business in the State of Illi- 
nois," approved March 11, 1869. Approved May 21, 1877. In force July 1, 1877 120 

Fire, Marine and Inland Navigation : 
An act to amend section six (6) of an act entitled "An act to Incorporate and govern Fire, 
Marine and Inland Navigation Insurance Companies doing business in the State of Illi- 
nois." Ajjproved May 11, 1877. In force July 1. 1877 121 

Revoking Certificate: 
An act to amend an act entitled "An act to incorporate and govern fire, marine and in- 
land navigation insurance companies doing business in the State of Illinois," approved 
March 11, 1869. Approved May 31, 1877. In force July 1, 1877 122 

County Fire Insurance Companies : 
An act to organize and regulate County Fire Insurance Companies. Approved June 2, 
1877. In force July 1, 1877 133 

Township Companies : 
An act to amend section eleven (11) of " An act to revise the law in relation, 
to Township insurance companies," approved March 24, 1874. Approved May 11, 1877. 
In force July 1, 1877 127 



CONTENTS. 



JUSTICES AND CONSTABLES : Page. 
Proceedings on Default: 
An act to amend section thirty-four (34) of an act entitled '-An act to provide for the 
Election and Qualification of Justices of the Peace and Constables, and to provide for 
the Jurisdiction and practice of Justices of the Peace in civil cases, and fix the duties of 
Constables, and to repeal certain acts therein named," approved April 1, 1872. Ap- 
proved May 22, 1877. In force July 1, 1877 128 

Who May Pkactice Before Justice : 
An act to restrain persons not attorneys to practice before Justices of the Peace. Ap- 
proved May 23, 1877. In force July 1, 1877 12S 

LANDLORD AND TENANT : 

An act in relation to landlord and tenant. Approved May 21, 1877. In force Julv 1, 
1877 , !. 129 

MARRIAGES : 

An act to amend Section six (6) of an act entitled, "An act to revise the law in relation 
to marriages," approved Feb. 27, 1874. Approved and in force May 11, 1877 129 

MILITARY CODE : 

An act to provide for the organization of the State militia, and entitled, "The ISIilitary 
Code of Illinois." Approved May IS, 1877. In force July 1, 1877 130 

MILLS AND MILLERS : 

Regulating the Use of Watee or Water Power; 
An act to enable any person, persons or corporation owning dams, to regulate the deliv- 
ery and use of water or water power. Approved May 11, 1877. In force July 1, 1877 138 

MINERS ; 

An act to amend Sections three (3), six (6), seven (7), nine (9) and eleven (11) of an act en- 
titled, "An act providing for the health and safety of persons employed in coal mines," 
approved March 27, 1872. Approved May 23, 1877. In force July 1, 1877 139 

OFFICIAL BONDS : 

Release of Sureties of Guardians— Conservators and Trustees : 
An act to i>rovide for releasing sureties on the bonds of guardians, conservators of idiots 
or insane persons, or trustees of any fund or property appointed by any court. Ap- 
proved May 11, 1877. In force July 1, 1877 142 

PAUPERS ; 

Overseers : 
An act to amend Section eighteen (18) of an act entitled, "An act to revise the law in re- 
lation to paupers." Approved May 24, 1877. In force July 1, 1877 143 

Illegal Voting By : 
An act to prevent illegal voting by paupers and others in this State. Approved ISIav 25, 
1877. In force July 1, 1877 ." 144 

Separate Support of : 

An act to provide for tlie establishment and maintenance of county poor houses in coun- 
ties where the separate support of paupers has-been adopted. Approved Mav 23, 1877. 
In force July 1, 1877 " 144 

Tt'ition of Pauper Children : 
An act requiring county boards to pay for the tuition of pauper children kept in poor 
houses. Approved May 24, 1877. In force July 1, 1877 145 

PENITENTIARY : 

An act to confirm and legalize certain acts of the Commissioners of the Illinois State 
Penitentiary, and to authorize them to sell, and convey certain real estate for the ben- 
efit of the State or the Illinois State Penitentiary. Approved Mav 25 1877. In force 
July 1,1877 '. 145 

PRACTICE : 

Suits Where Brought— Service : 
All act to amend sections two (2) and four (4) of an act entitled " An act in regard to 
practice in courts of record," approved Feb. 22, 1872. Apjn-oved May 29,1877. In force 
July 1, 1877 146 

Trial— Separate Dockets: 
An act to amend section sixteen (IC) of " An act in regard to practice in Courts of Re- 
cord," approved Feb. 22, 1872. Approved May 22, 1877. In force July 1, 1877 147 



CONTENTS. 



PRACTICE— Continued. Page. 

Scire Facias: 
An act to amend section twenty-six (26) of an act entitled "An act in Regard to Practice 
in Courts of Record," approved Feb. 22, 1872. Approved May 22, 1877. In force July 1, 
1877 148- 

An act to amend an -act entitled "An act in regard to Practice in Courts of Record. Ap- 
proved February 22, 1872. Approved June 2, 1877. In force July 1st, 1877 148. 

PRACTICE OF MEDICINE: 

An act to regulate the Practice of Medicine in the State of Illinois. Approved May 29, 
1877. In force July 1, 1877 1-54- 

RAILROAD AND IMPROVEMENT AID BONDS : 

An act to amend an act entitled "An act to limit and determine the time for which counties, 
cities, townships, towns and precincts in this State, shall be liable and holden to issue 
aid for the building of any railroad in pursuance of any vote taken in conformity to the 
laws of this State," apnroVed March 17, 1874. Approved Mav 29th, 1877. In force July 
1st, 1877 1.57 

Bonds of Counties, Cities and Other Municipal Corporations : 
An act to amend an act entitled "An act relating to county and city debts, and to provide 
for the payment thereof by taxation in such counties and cities," approved February 
13th, 1805 ; and to amend the title thereof. Approved and in force April 27, 1877 .'... 1-58 

RAILROADS AND WAREHOUSES 

Incorporation of Railroad Companies: 
An act to amend an act entitled "An act to provide for the Incorporation of Associations 
that may be organized lor the purpose of Constructing Railways, maintaining and oper- 
ating the same, for prescribing and defining the duties and limiting the powers of such 
corporations when so organized," approved March 1st, 1872. Approved May 11, 1877. In 
force July 1, 1877 16;> 

An act to amend section one (1) of an act entitled "An act in relation to fencing and op- 
erating railroads," approved March ,31, 1874. Approved Mav 20, 1877. In force Julv 1. 
1877 ; ; 104 

Fencing and Operating Railroads: 
An act entitled "An act to amend section twenty- four (24) of an act in relation to fencing 
and operating Railroads," approved March 31,1874. Approved May 20, 1877. In force 
July 1, 1877 165 

Railroad Depots: 
An act compelling Railroad Companies in this State to build and maintain depots for the 
comfort of passengers, and for the protection of shippers of freight at towns and vil- 
lages on the line of their roads. Approved May 23, 1877. In force July 1, 1877 165- 

To Protect Passengers on Railroads: 
An act for the protection of Passengers on Railroads. Approved Mav 14, 1877. In force 
July 1, 1877 „ 16t; 

To Facilitate the Carriage and Transfer of Passengers, etc: 
An act to facilitate the carriage and transfer of passengers and property by railroad 
companies. Approved May 24, 1877. In force July 1, 1877 167 

Obstructing Business of: 
An act to prohibit any person from obstructing the regular operation and conduct of the 
businessof railroad companies or other corporations, firms or individuals. Approved 
June 2, 1877. In force July 1, 1877 167 

Receiving, Carrying and Delivering Grain ; 
An act to amend section two (2) of an act entitled, "An Act regulating the receiving, 
transportation and delivery of grain by railroad corporations, and defining the duties 
of such corporations with respect thereto," approved April 25, 1871. Approved Mav 18. 
1877. In force July 1, 1877 168. 

Warehouses : 
An act to amend section fifteen (15) of an act entitled " An Act to regulate public ware- 
houses and the warehousing and inspection of grain, and to give effect to Article thir- 
teen of the Constitution of this State," approved April 25, 1871. Approved Mav 21, 1877. 
In force July 1, 1877 lo9- 

REVENUE: 

For State Purposes 
An act to provide the necessary revenue for State purposes, approved May 25. 1877. In 
force July 1, 1877 1~0 ' 



XII CONTENTS. 



REVENUE— Continued. Page. 

Bridges on Boeder of State— How Taxp:d : 
An act to amend section two (2) of an act entitled " An act to provide for the assessment 
and taxation of bridges across navigable waters on tiie borders of this State," approved 
and in force May 1, 1873. Approved May 3, 1877. In force July 1, 1877 171, 

Manner in which Taxes are to be Collected : 
An act to amend an act entitled "An act for the assessment of property and for the levy 
and collection of taxes , ' ' approved March 30, 1872. Approved May 25, 1877. In force 
July 1, 1877 171 

Keturn as to Real Estate Tax : 
An act to amend section 172 of an act entitled "An act for the assessment of property, and 
for the levy and collection of taxes," approved March 30, 1872. Approved May 25, 1877. 
In force July 1, 1877 172 

County Collector's Powers, etc. : 
An act to amend section one hundred and eighty-one (1811 of an act entitled " An act 
for the assessment of property, and for the lew and collection of taxes," approved 
March 30, 1872. Approved May 21, 1877. In force July 1, 1877 ITS 

Appeals— Deposit to be made Before Appeal Granted : 
An act to amend section one hundred and ninety-two (192) of an act entitled " An act 
„ for the assessment of property, and for the levy and collection of taxes," approved 
March 30, 1872, and to amend an act entitled '• An act to amend sections one hundred 
and ninety-two (192), and one hundred and ninety-three (193)," of an act entitlea " An 
act for the assessment of property, and for the levy and collection of taxes," approved 
March 30, 1872, approved April 15, 1875. Approved May 2-5, 1877. In force July 1, 1877. 174 

Proceedings in Appeal Cases: 
An act to amend section one hundred and ninety-three (193) of an act entitled "An act 
for the assessment of property, and for the levy and collection of taxes," approved 
March 30, 1872. Approved and in force May 17, 1877 17.i 

Curing Irregularities in Assessments— Equalization : 
An act to correct irregularities in assessment of property for taxation and in the equaliza- 
tion of assessments for such purposes. Approved and in force May 29, 1877 177 

KOADS AND BPvIDGES : 

An act in regard to roads and bridges in counties under township organization. Ap- 
proved May 26, 1877. In force July 1, 1877 178 

Private Roads and Cartways : 
An act to amend Section sixteen (16) of an act in regard to gateways, roads and bridges in 
counties not under township organization, approved and in force April 18, 1873. Ap- 
proved May 25, 1877. In force July 1, 1877 197 

Road Labor, etc : 
An act to amend section thirty-seven (37) of an act entitled, "An act in regard to gate- 
ways, roads and bridges in counties not under township organization, approved and in 
force April 18, 1873. Approved and in force May 21, 1877 199 

8C HOOLS : 

An act to amend Sections twenty-four (24) and thirty-three (33) of an act entitled, "An 
act to establish a system of free schools," approved April 1st, 1872. Approved May 23, 
1877. In force July 1, 1877 .'. 200 

IjEgalizing School Districts : 
An act to legalize school districts organized under the tliirty-third (33d) section of "An 
act to establish and maintain a system of free schools," approved .\pril 1st, 1872. Ap- 
proved May 25, 1877. In force July 1, 1877 20* 

Borrowing Money : 
An act to amend Section forty-seven (47) of [an act entitled] "An act to establish and 
maintain a system of free schools," approved April 1st, 1872. Approved May 11, 1877. 
In force July 1, 1877 204 

■ Renting and Sale op School Lands : 

An act regulating the renting and sale of school lands. Approved May 25, 1877. In force 
Julyl, 1877 205 

Repealing Acts : 
An act to repeal an act entitled "An act to change the boundaries of School District Num- 
ber three (3), in townsliip two (2), north range ten (10) west, in St. Clair county," ap- 
proved and in force February 16, 1865. Approved April 11, 1877. In force July 1, 1877.. 20^ 



CONTENTS. XIII 



SECRETARY OF STATE : Page. 
Certified Copies of Lost or Missing Papers : 
An ast to supply certain lost and missing papers in the State Archives, and to legalize cer- 
tified copies thereof. Approved May 17,1877. In force July 1, 1877 20& 

STATE CONTRACTS : 

Rates or Advertising by the State : 
An act fixing the rates of advertising by the State, and providing for the payment of the 
same. Approved May 21, 1877. In force July 1, 1877 206 

Advertising for Proposals : 
An act to amend section three (3), of an act to revise the law in relation to State con- 
tracts, approved March 31, 1874, in force July 1, 1874. Approved May 22, 1877. In force 
July 1, 1877 207 

STATE BOARD OF HEALTH : 

An aet to create and establish a Board of Health in the State of Illinois. Approved 
May 28, 1877. In force July 1, 1877 208 

STATE TREASURER : 

An act to provide security for Bonds in the State Treasury. Approved Mar 25, 1877. In 
force July 1, 1877 '. 210 

TOLL ROADS: 

An act to amend sections six (C), seven (7), nine (9) and twenty-six (26). of an act entitled 
"An act to revise the law in relation to Toll Roads," approved March '2.5, 1874, and to 
repeal section eight (8) of said act. Approved May 11, 1877. In force July 1, 1877 211 

TOWNSHIP ORGANIZATION : 

Organization of Towns by County Boards : 
An act to authorize County Boards in Counties under Township Organization to organize 
. certain territory situated therein as a town. Approved May 23, 1877. In force July 1, 
1877 212 

Elections : 
An act to amend Section Seven of Aiticle Seven of an act entitled "An act to revise the 
law in relation to Township organization," approved and in force March 4, 1874. Ap- 
proved and in force March 9, 1877 213 

COMMIS.SIONERS OF HIGHWAYS : 

An act to amend section three (3) of an act entitled "An act to provide for the election of 
Commissioners of Highways in counties under township organization, and to legalize 
the election and ofiticial acts of such as were elected in the year 1874 and 187ri, and to fix 
the compensation of the Treasurer of such Commissioners," approved April 15, 1875. Ap- 
proved May 11, 1877. In force July 1, 1877 215 

UNTVERSITIES, COLLEGES, ACADEMIES, ETC.: 
Industrial University : 
An act to amend .section seven (7) of an act entitled "An act to regulate the Illinois In- 
dustrial University, and to make appropriations therefor." Approved May 7, 1873. Ap- 
proved and in force April 17, 1877 ' 215 

Industrial University' : 
An act to amend section ten (10) of an act entitled an "An act to provide for the organi- 
zation and maintenance of the Illinois Industrial University," approved February 28, 
1S67. Approved May 11, 1877. In force July 1, 1877 216 

WOLF SCALPS: 

An act authorizing counties to give a bounty on wolf scalps. Approved May 18, 1877. 
In force July 1, 1877 217 

JOINT RESOLUTIONS : 

Adjournment 218 

Adjournment 218 

Agricultural College 218 

Amendment to Constitution 218 

Art Gallery ^ 219 

Chaplains 219 

Committees 219 

Damages caused by Dams 220 

Fish-ways 221 

Inauguration 221 



XIV CONTENTS. 



JOINT RESOLUTIONS— Continued. Page. 

Inauguration 221 

Joint Rules 22] 

Levees— Lower Mississippi 221 

Mississippi Valky 222 

Pay of Members 223 

Patents 223 

Parli Commissioners 224 

Penitentiary Commission 22-5 

Pension to Soldiers 226 

Silver Dollar 226 

State Officers 227 

Swamp Lands 227 

Union Stock Yards , 227 

United States Senator 228 

Vandalia Lots 22S 



PUBLIC LAWS OF ILLINOIS. 



ADMINISTRATION OP ESTATES. 



'i G9. Notice of adjustment— Adjustment— Claims against estates. 

An Act to amend section sixty {6ff) of an act entitled " An act in regard to 
the administration of estates.'''' Approved April i, 1872. Approved May 
21, 1877. Injorce July i, 1877. 

Section 1. Be it enacted by the People of the State of Illinois, represented 
in the General Assembly, That section sixty (60) of an act entitled " An 
act in regard to the administration of estates," approved April 1, 1872, 
be and the same is hereby amended so as to read as follows : 

§ 60. [Notice — Adjustment.] Every administrator or executor 
shall fix upon a term of the court, within six months from the time of 
his being qualified as such administrator or executor, for the adjust- 
ment of all claims against such decedent, and shall publish a notice 
thereof for three successive weeks in some public newspaper published 
in the count}', or if no newspaper is jjublished in the county, then in 
the nearest newspaper in this State, and also by putting up a written 
or printed notice on the door of the court house, and in five other of 
the most public places in the county, notifying and requesting all per- 
sons having claims against such estate, to attend at said term of court 
for the purpose of having the same adjusted, (the first publication of 
said notice to be given at least six weeks previous to said term), when 
and where such claimant shall produce his claim in writing ; and if 
no objection is made to said claim, by the executor, administrator, 
widow, heirs or others interested in said estate, and the claimant 
swears, that such claim is just and unpaid, after allowing all just 
credits, the court may allow such claim without further evidence, but 
if objection is made to such claim, the same shall not be allowed with- 
out other sufficient evidence. The court may allow either party fur- 
ther time to produce evidence in his favor, and the case shall be tried 
and determined as other suits at law. Either party may demand a 
a jury of either six or twelve men to try the issue, and it shall be the 
duty of the County Clerk, when a jury is demanded, to issue a venire 
to the Sheriff of the couuty to summon a jury, to be composed of the 
number demanded. 

Approved May 21, 1877. 
—1 



ADMINISTRATORS AND EXECUTORS. 



ADMINISTRATORS AND EXECUTORS. 



UNCLAIMED MONEY IN THE HANDS OF ADMINISTRATORS AND EXECUTORS. 
'i 1. Disposition of. | ?, 2. How parties may obtain the same. 

An Act to provide for the disposal of unclaimed moneys in the hands of Ad- 
ministrators and Executors. Approved May 12, 1877. In force July 1. 
1877. 

Section 1. [Unclaimed Money to be Deposited.] Be it enacted by 
the People of the State of Illinois, represented in the General Assembly, That 
when any administrator or executor shall have made final settlement 
with the County Court, it shall be the duty of the Court to order said 
administrator or executor to deposit with the County Treasurer such 
moneys as he may have belonging to any non-resident or unknown 
heir or claimant, taking his receipt therefor and have the same filed 
at the office of the County Clerk where such settlement has been made. 

§ 2. [How Obtained after Deposited.] When money shall be 
deposited as aforesaid, the person or persons entitled to the same may 
at any time apply to the Court making said order and obtain the 
same upon making satisfactory proof to the Court of his, her or their 
right thereto. 

Approved May 12, 1877. 



AGRICULTURE AND HORTICULTURE. 

AGRICULTURE. # 

? L Board to make report. ! § 3. RepeaL 

'i 2. Report limited. j ^ 4. Emergency. 

An Act in relation to the State Board of Agriculture. Approved and in 

force May 25, 1877. 

Section 1. [Report.] Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the State Board of Agriculture 
shall, immediately after their annual meeting in January in each 
year, make and deliver to the Governor a report of their acts and 
doings as required by law, and no other annual report shall be made 
by such Board. 

§ 2. [Report Limited.] Said State Board of Agriculture may ap- 
pend to and publish with their said report, the annual report of the 
State Entomologist and such any essay or essays, connected with 
Agriculture, Horticulture, Manufactures and the domestic arts that in 
the judgment of the Executive Committee of said Board the interests 
of the State require ; said report and appended essays not to exceed 
seven hundred printed pages. 

§ 3. [Repeal.] All acts and parts of acts inconsistent with the 



AGRI CULTURE. 



provisions of this act, so far as the same relate to the State Board of 
Agriculture are hereby repealed. 

§4. [Emergency.] It is hereby declared that an emergency exists, 
and therefore this act shall be in force from and after its passage. 

Approved May 25, 1877. 



COLLECTION AND PUBLICATION OF AGRICULTURAL AND OTHER STATISTICS. 

? 1. Blanks and schedules. I p 4. Statistical returns — How made. 

I 2. How schedules to be filled and returned. | § 5. Emergency, 
g 3. Duty of officers. 1 

An Act to secure the Collection and Publication of Agricultural and other 
Statistics. Approved and in force May 25, 1877. 

Section 1. [Blanks and Schedules.] Be it enacted by the People of 
the State of Illinois, represented in the General Assembly, That it shall be the 
dut}^ of the Secretary of the State Board of Agriculture to prepare and 
deliver to the Auditor on or before the first day of April in each year, 
forms of blanks and schedules similar to those used in the assess- 
ment and return of property, one or more copies of which forms the 
State Auditor shall send by mail to the County Clerks of the several 
counties on or before the date aforesaid for their information and 
guidance. 

§ 2. [How Schedules to be Filled and Returned.] It shall be 
the duty of the County Clerk of each of the several counties to pro- 
vide schedules and blanks according to the forms provided by the 
Auditor for the use of Assessors, and it shall be the duty of Assessors 
and Deputy Assessors in the same manner, and at the same time as is 
or may be provided by law for the assessment of propert}^, to cause 
such census schedules to be filled by all persons within their respec- 
tive assessment districts in possession of property concerning which 
information is required by this act. Such schedule shall truly and 
distinctly set forth the number of acres he, she or they may have had 
the preceding year in fall wheat, spring wheat, corn, rye, oats, barley, 
buckwheat, castor beans, beans, peas, Irish potatoes, sweet potatoes, 
turnips and other root crops, and the number of bushels of each pro- 
duced the preceding year ; the number of acres in timothy grass, and 
the number of tons of hay and bushels of seed produced therefrom the 
preceding year ; the number of acres in clover, and the nuraber of tons of 
hay and the bushels of seed produced therefrom the preceding year ; the 
number of acres planted in cotton, and the number of pounds of lint and 
the bushels of seed obtained therefrom the preceding year; the number 
of acres sown in flax, the number of pounds of fibre and the bushels of 
seed obtained therefrom the preceding year ; the number of acres 
planted in tobacco, and the number of pounds produced therefrom the 
preceding year. And the Secretary of the State Board of Agriculture 
shall have power, after the first year, to add to or omit from the fore- 
going schedule such items as the said State Board of Agriculture shall 
designate. 

§ 3. [Duty of Officers.] It shall be the duty of all persons own- 
ing or in possession of property concerning which information is re- 



AMENDMENTS TO THE CONSTITUTION. 



quired by this act, to make out and deliver to the Assessor at the time 
lixed for the listing of property for taxation a schedule as aforesaid 
properly and correctl}^ filled, and it shall be the duty of said Assessors 
or Deputy Assessors to properly fill and add up the blanks and sched- 
ules aforesaid and to return the same correctl}'- footed up, to the Count}^ 
Clerk at the same time and in the same manner as is now or may be 
required for the return of assessments. 

§ 4. [Statistical Returns.] It shall be the duty of the County 
Clerk to revise, correct, tabulate and foot up the statistical returns 
made to him by the Assessors or Deputy Assessors of organized town- 
ships in counties under township organization, and of congression- 
al townships in counties not under township organization, and 
to transmit to the State Auditor *vith his return of the assessment of 
the county an abstract of the agricultural statistics of the county in 
the form required by the schedule and blanks furnished by the Auditor ; 
and it shall be the duty of the Auditor to transfer without delay such 
abstracts to the Secretary of the State Board of Agriculture, who shall 
revise, correct, and compile the same, and publish the results in the 
annual report of the transactions of the State Board of Agriculture 
for the 5'ear or years in which the statistics were collected. 

§ 5. [Emeegency.] It is hereby declared that an emergency 
exists, and therefore this act shall be in force from and after its jias- 
sage. 

Approved Ma}^ 25, 1877. 



AMENDMENTS TO THE CONSTITUTION, 



'i 1. How amendments may be proposed. I ^5. Canvass and return of ballots. 
g 2. Publication of amendments. j g 6. Canvassers— abstract of vote . 
'i 3. Notice of election for submission of; 'i 1. How and by whom result of election de- 
amendments. I clared. 
i 4. What shall be written on ballot. ! g 8. Amendments to be enrolled. 

An Act to provide the manner of proposing amendments to the Constitu- 
tion, and submitting the same to the electors of this State. Approved March 
U, 1877, In force July 1, 1877. 

Section 1. [How Amendments may be Proposed]. Beit enacted hy 
the People of the State of Illinois, represented in the General Assembly, 
That amendments to the constitution of this State may be proposed 
by joint resolution in either house of the General Assembl}^, and if 
the same shall be voted for by two-thirds of all the members elected to 
each of the two houses in the manner provided by section two of arti- 
cle fourteen of the constitution, the amendment or amendments pro- 
posed shall be submitted to the electors of this State for adoption or 
rejection in the manner hereinafter provided. 

§ 2. [Publication of Amendments.] Such amendment or amend- 
ments shall be published in full b}^ the Secretary of State in at 
least two newspapers at the seat of Government. Such publication 
shall be made at least three months before the next election of mem- 
bers of the General Assembly ensuing the passage of said proposed 



AMENDMENTS TO THE CONSTITUTION, 



amendment, with notice prefixed thereto that at said election said 
proposed amendment or amendments will be submitted to the electors 
of this State for adoption or rejection. 

§ 3. [Notice of Election for Submission of Amendments.] The 
County Clerks of the respective counties of this State shall with the 
election notices of the next succeeding election of members of the 
General Assembly ensuing the adoption of said proposed amendment 
or amendments, and in the manner required by law for notices of gen- 
eral elections give notice that at such election said proposed amend- 
ment or amendments will be submitted to the electors of this State 
for adoption or rejection, which notices shall set forth in full such 
proposed amendment or amendments. 

§ 4. [What shall be Written on Ballot.] At such election, on 
the ballot of each elector voting upon the proposed amendment or 
amendments shall be written or printed the word: "For proposed 

amendment to section of article of the constitution," 

or ''Against the proposed amendment to section r-of article 

of the constitution." 

§ 5. [Canvass and Return of Ballots.] The ballots cast for and 
against the proposed amendment or amendments to the constitution 
shall be by the Judges and Clerks of such election received, canvassed 
and returned to the County Clerks of their respective counties, at the 
same time and in the same manner as the ballots cast at said election 
for members of the General Assembly are by law required to be re- 
ceived, canvassed and returned to said Clerks. 

§ 6. [Canvassers — Abstract of Vote.] The County Clerks of the 
counties respectively, with the assistance of two Justices of the Peace 
of the county, shall at the time he opens the returns and makes ab- 
stracts of the votes cast at such elections for officers, also make abstracts 
in duplicate of the votes cast for and against such proposed amendment 
or amendments to the constitution. And immediately after the com- 
pletion of said abstracts the County Clerk shall enclose one of the same 
in a sealed envelope and endorse thereon the words ''Abstract of votes 
for and against amendment of the Constitution," and address and mail 
the same to the Secretary of State, and shall file the other of said ab- 
stracts in his office. 

§ 7. [How and by whom Result of Election Declared.] The 
Secretary of State, Auditor, Treasurer and Attorney- General, or any 
two of them, in the presence of the Governor shall proceed, within 
twenty days after the election and sooner if all the returns are received, 
to canvass the votes given for and against said amendment or amend- 
ments, as shown by said abstracts, and if it appears that a majority 
of the electors voting at said election have voted for the proposed 
amendment or amendments, the same shall by said Board of Can- 
vassers be declared adopted, and from thence become a part of the 
constitution of this State, and the Governor shall cause proclamation 
to be made of the result of the vote, and that said amendment has 
become a part of the constitution, by publication in at least two news- 
papers published at the seat of government ; but if it shall appear 
that a majority of the votes polled are against said amendment or 
amendments, the same shall be null and void. 



AMENDMENTS TO THE CONSTITUTION. 



§ 8. [Amendments to be Enrolled.] Whenever any amend- 
ments to the constitution shall have been proposed to, and adopted by 
the electors of this State in the manner provided by this act, the 
same shall be enrolled and numbered in the order of time in which 
they may be adopted, and preserved by the Secretary of State among 
the records of his office. 

Approved March 14, 1877. 



ANIMALS. 
\ 1. Certain Animals and Birds Personal Propertj'. 

An Act declaring certain Animals and Birds ferse natures , to be Personal 
Property. Approved April 10^ 1877. In force July i, 1877. 

Section 1. Beit enacted hy the People of the State of Illinois, rejjresent- 
ed in the General Assembly., That all birds and animals ferse naturne, or 
naturally wild, when raised or in domestication, or kept in enclosures 
and reduced to possession, are hereby declared to be objects of owner- 
ship and absolute title, the same as cattle and other property, and 
shall receive the same protection of law, and in the same way, and to 
the same extent shall be the subject of trespass or larceny, as other 
personal property. 

Approved April 10, 1877. 



ENFORCEMENT OF THE LAW TO PREVENT CRUELTY TO ANIMALS. 

? 1. Governor to appoint two officers. 1 3 3. Report. 

'i 2. Salary. | \ 4. Duty of officers. 

An Act ^0 secure the enforcement of the law for pirevention oj cruelty to ani- 
mals. Approved May 25, 1877. In force July i, 1877. 

Section ] , [Governor to Appoint Officers.] Be it enacted by 
the Peopjle of the State of Illinois, repjresented in the General Assembly, That 
it is hereby made the duty of the Governor, to aj^point by and with 
the consent of the Senate, one officer for the town of Lake, Cook Coun- 
ty, and one officer for East St. Louis, St. Clair County, whose term of 
office shall be two years and until their successors are appointed, and 
whose duty it shall be to cause the enforcement of the law for the pre- 
vention of cruelty to animals. 

§ 2. [Salary.] The salary of said officers shall be not exceeding 
twelve (1,200) hundred dollars each per annum, payable quarterly 
from any money in the Treasury not otherwise appropriated. 

§ 3. [Report.] Said officers shall make full reports of their pro- 
ceedings quarterly to the Governor. 

§ 4. [Duty of Officers.] It shall be the further duty of said 
officers to see that stock in the stock-yards are properly fed and cared 
for, and that such stock receive the full amount of feed for which the 
owner or shipper is charged. 

Approved May 25, 1877. 



APPROPRIATIOKS 



APPROPRIATIONS. 



AGRICULTURAL BOARD. 

S 1. Appropriations for 1S77 and 1878. I 'i ?>. Treasurer — County Bonds. 

i 2. When and how drawn. I 

An Act making an appropriation jor the State Board of Agriculture^ and the 
County and other subordinate Boards of Agriculture. Approved May 21 ^ 
1877. In force July 1, 1877. 

Section 1. [Appropriations for 1877 and 1878.] Be it enacted by 
the People of the State of Illinois, represented in the General Assembly, That 
there be and is hereby appropriated to the State Board of Agriculture, 
the sums following, to-wit : For the payment of premiums at the 
annual State Fair, the sum of three thousand dollars per annum, for 
the years 1877 and 1878; and for the use of county or other subordi- 
nate agricultural boards, the sum of one hundred dollai'S per annum 
each, for the years 1877 and 1878. For the- salary of the Secretary, the 
sum of two thousand dollars per annum, for the years 1877 and 1878. 
For the expense of collecting and publishing monthly crop statistics, 
the sum of one thousand dollars per annum, for the years 1877 and 
1878. For the purchase of books, maps and charts, the sum of one 
thousand dollars per annum, for the years 1877 and 1878. For clerk 
hire, the sum of one thousand dollars per annum, for the years 1877 
and 1878. For repairs, postage, expressage and other incidental office 
expenses the sum of five hundred dollars per annum for the years 
1877 and 1878. For porter, the sum of three hundred dollars per 
annum, for the years 1877 and 1878. 

§ 2. [When and How Drawn.] That on the order of the Presi- 
dent, countersigned by the Secretary of the State Board of Agriculture 
and approved by the Governor, the State Auditor shall draw his war- 
rant upon the Treasurer in favor of the Treasurer of the State Board 
of Agriculture for the sums herein apiDropriated : Provided, That each 
warrant shall show the agricultural board for whose benefit the same 
is draw^n, and that no w^arrant shall be drawn in favor of any agricul- 
tural board unless the order aforesaid be accompanied by a certificate 
of the State Board of Agriculture, showing that such subordinate or 
county agricultural board have held an agricultural fair during the 
l^receding year, in compliance with the rules and regulations, as pro- 
vided for by law : Provided father, That no part of the moneys herein 
provided for shall be drawn from the public treasurv prior to the first 
day of July, A. D., 1877. 

§ 3. [Treasurer — County Boards.] It shall be the duty of the 
Treasurer of the State Board of Agriculture to pay over to the proper 
officer of the subordinate or county agricultural board the sum re- 
ceived for its use and benefit, as aforesaid, and to make a biennial 
report to the Governor, of all such ajDpropriations received and dis- 
bursed by him. 

Approved May 21, 1877. 



APPROPRIATIONS. 



FOR THE CLAIM OF BARNARD AND GOWEN. 



g 1. Appropriates $10,620.00. 



An Act to pay Barnard and Gowen damages suffered by a failure of the 
State to furnish cut stone from the State penitentiary^ according to its contract. 
Approved May 17, 1877. In force My 1, 1877. 

Section 1. [Appropriates $10,620.] Be it enacted by the People of 
the State of Illinois, represented in the General Assembly, That there be ap- 
propriated to Barnard and Gowen, the sum of ten thousand, six hundred ' 
and twenty dollars ($10,620) for damages suffered by them for a breach 
of the contract of the State with them by reason of a failure of the 
Commissioners of the State penitentiary to furnish cut stone, and that 
the same be paid out of any money in the treasury not appropriated 
otherwise and charged to the account of the penitentiary. 

Approved May 17, 1877. 



FOR THE INSTITUTION FOR THE BLIND. 

g 1. Apnrnnriatesf29,750 per annum and $?,- I §2. When and how drawn. 
332.34. I 

An Act tnaking Appropriations for the Expenses of the Illinois Institution 
for the Education of the Blind, for the years 1877 and 1878. Approved 
May 18, 1877. In force July 1, 1877. 

Section 1. [Appropriates $29,750 per Annum, and $2,332,34.] 
Be it enacted by the People of the State of Illinois, represented in the General 
Assembly, That there be and are hereby appropriated to the Illinois 
Institution for the Education of the Blind; for ordinary expenses, the 
sum of twenty-eight thousand dollars ($28,000) per annum; and for 
repairs and improvements, the sum of one thousand two hundred and 
fifty dollars ($1,250) per annum ; both the foregoing amounts to be 
payable quarterly in advance, from the first day of July, 1877, to the 
expiration of the first fiscal quarter after the adjournment of the next 
General Assembly; and for the purchase of books, maps, and other 
educational and mechanical appliances, to be distributed gratuiously 
to such pupils leaving the institution as cannot afford to pay for the 
same, the sum of five hundred dollars ($500) per annum : and to enable 
the Trustees to make a final settlement with the contractors for 
building and steam heating, the sum of two thousand three hundred 
and thirtj^-two dollars and thirty-four cents ($2,332.34), with 6 per 
cent, interest Iroin the first day of August, 1874. 

§ 2. [When and How Paid.] The Auditor of Public Accounts is 
hereby authorized to draw his warrant on the treasury for said sums 
upon the orders of the Board of Trustees of said institution, signed by 
the President and attested by the Secretary of said Board of Trustees, 
with the seal of the institution, subject to the limitations contained 
and expressed in section eighteen (18), nineteen (19), and twenty (20), 
of an act to regulate the State Charitable Institutions, approved April 
15, 1875. 

Approved May 18, 1877. 



APPROPRIATIONS. 



FOR THE ARREST AND CONVICTION OF CRIMINALS IN OTHER STATES. 

g 1. Expenses of the arrest and conviction of; § 2. Appropriates $10,000. 
criminals for crimes committed upon 
citizens of tliis in other States. I 

An Act to provide for the payment of the expenses of the arrest an I conviction of 
criminals for crimes committed upon citizens of this State, in other States. Ap- 
proved May 16, 1877. In force Jidyl, 1877. 

Section 1. [Expenses of Arrest and Conviction to be Paid. J Be 
it enacted By the People of the State of Illinois, represented in the General Assem- 
bly, Whenever any cilizen of this State, or any minor child residing 
with its parents or guardian in this State, shall heretofore have been, 
or shall hereafter be, by fraudulent pretenses enticed or kidnapped 
and taken out of this State into any other State, and by such enticer 
or kidnapper or his confederates murdered, and the relatives or pa- 
rents or guardian of such person, shall have pursued or shall pursue 
such criminal and procured his arrest and conviction of such crime 
under the laws of such other State, the reasonable expense incurred in 
procuring such arrest and conviction in such other State, shall be paid 
out of the treasury of this State as follows : 

Any person making claim under the provision of this act shall file 
a statement of the claim with the several items thereof with the 
Auditor, which claim shall be verified by the oath of the claimant and 
by record or other satisfactory pmof of the conviction of the criminal, 
and by such other proof as the nature of the case will admit, and such 
claim and the proofs shall be considered by the Governor, Auditor and 
Attorney General, who shall examine said claim and proof and may 
require other proof if they judge necessary; and upon being satisfied 
that said claim or any of the items thereof was incurred in the prose- 
cution of such criminal in such other State, and was a just and reason- 
able expense for that purpose, they shall allow the same for such an 
amount as they judge just and reasonable, and shall so certify to the 
Auditor who shall thereupon draw his warrant in favor of the claim- 
ant on the Treasurer for the amount so allowed : Provided, No more 
than thirty-five hundred dollars ($3,500) shall be allowed in any one 
case. 

§ 2. [Appropriates $10,000.] The sum of ten thousand dollars 
($10,000) is hereby appropriated out of the State treasury for the pay- 
ment of claims allowed under this act, and if any portion of said sum 
is unexpended at the meeting of the next General Assembly the same 
shall be covered into the State treasury. 

Approved May 16, 1877. 



' FOR COPPERAS CREEK DAM AND LOCK. 

[ 'i 1. Appropriates the unexpended balance I ? 2. When and how to be drawn. 
andS51,453 18. | 

An Act to make further Appropriations for the Completion of the Copperas 
Creek Dam, and Lock on the Illinois River. Approved May 11. In force 
July 1, 1877. 
Whereas, The Legislature of this State, by an act approved Aj^ril 



10 APPROPRIATIONS. 



15, 1873, authorized the construction of a lock and dam on the Illinois 
River at Copperas Creek, in the county of Fulton, in this State ; and 

Whereas, The completion of said lock and dam will finish and 
complete one hundred miles of river navigation, and will greatly add 
to the revenue of the Illinois and Michigan canal ; and 

Whereas, The appropriations heretofore made are not Fufiicient to 
complete said lock and dam ; therefore. 

Section 1. [Appropriates Unexpended Balance, and $51,453.- 
18.] Be it enacted by the Peojde of the State of Illinois, represented in the 
General Assembly, That there be and is hereby appropriated the unex- 
pended balance of the Illinois River Improvement Fund that may be 
in the treasury after the first fiscal quarter after the adjournment of 
the present General Assembly, together with the sum of fifty-one 
thousand, four hundred and fifty-three and eighteen one hundreths dol- 
lars ($51,453.18) out of thetreasuryof the State, or so much thereof as 
may be necessary to complete the lock and dam at Copperas Creek, 
on the Illinois river, during the year A. D., 1877, to be paid out and 
expended in the manner provided by the act of April 15, 1873. 

g 2. [When and how to be Drawn.] No warrant shall b^e 
drawn by the Auditor upon the Treasurer for any portion of said sum 
hereby appropriated for said improvement, except upon vouchers and 
estimates made for work actually done, certified to by the engineer 
superintending said improvement, and attested and approved by at 
least tAvo of the Canal Commissioners, and approved by the Governor. 

Approved May 11, 1877. 



FOR the institution FOR THE DEAF AND DUMB. 

I 1. Appropriates 3:17,000. 1 g 2. When and how drawn. 

An Act for the erection of Workshops for the Illinois Institution for the 
Education of the Deaf and Dumb, and for spjecial repairs on said Institution. 
Approved May IS, 1877. In force July 1, 1877. 

Section 1. [Appropriates $17,000.] Be it enacted by the People of 
the State of Illinois, represented in the General Assembly, That for the purpose 
of erecting workshops for the Illinois Institution for the Education of 
the Deaf and Dumb, and for purchase of machinery for the same, the 
sum of fifteen thousand dollars ($15,000) be and is hereby appropriated 
out of the treasury, and that there be and are hereby appropriated the 
further sums of one thousand dollars ($1,000) for the'ferection of coal 
house, one thousand dollars ($1,000) for extension of sewer. 

§ 2. [When and how Drawn.] The Auditor of Public Accounts 
is hereby authorized and required to draw his v/arrant on the Treas- 
urer for the said sums, upon the orders of the Board of Trustees of the 
Illinois Institution for the Education of the Deaf and Dumb, signed 
hy the President and attested by the Secretary of said Board, with the 
seal of the Institution, accompanied liy such vouchers and certificates 
as are now required bylaw for the drawing of funds from the treasury 
by said institution. 

Approved May 18, 1877. 



APPROPRIATIONS. 1]^ 



FOR THE INSTITUTION FOR THE DEAF AND DUMB. 
fi 1. Appropriates 880,500 per annum. | § 2. When and how drawn. 

An Act for the support of the Illinois Institution for the Education of the 
Deaf and Dumb, and for general repairs thereon, and for the Pupil»- 
Library. Approved May 18, 1877. In force July 1, 1877. 

Section 1. [Appropriates $80,500 per Annum.] Be it enacted by 
the People of the State of Illinois, represented in the General Assembly. 
That for the purpose of defraying the ordinary expenses of the Illi- 
nois Institution for the Education of the Deaf and Dumb, the sum of 
seventy-seven thousand dollars ($77,000) per annum be and the same 
is hereby appropriated out of the State Treasury payable quarterly in 
advance, from the first day of July, 1877, until the expiration of the 
first fiscal quarter after the adjournment of the next General Assem- 
bly ; and that there be and are hereby appropriated the further sums 
of three thousand dollars ($3,000) per annum for repairs and improve- 
ments, and five hundred dollars ($500) per annum for the pupils' li- 
brary, from the first day of July, 1877, till the expiration of the first 
fiscal quarter after the adjournment of the next regular session of the 
(jleneral Assembly. 

§ 2. [When and How Drawn.] The Auditor of Public Accounts 
is hereby authorized and required to draw his warrant on the Treas- 
urer for the said sums upon orders of the Board of Trustees of the Illi- 
nois Institution for the education of the Deaf and Dumb, signed by 
the President and attested by the Secretary of said Board, with the 
seal of the Institution, accompanied by such vouchers and certificates 
as are now required by law for the drawing of funds from the Treasury 
by said Institution. 

Approved May 18, 1877. 



FOR DOUGLAS MONUMENT. 

I 1. Names commissionere, I I 3. Appropriates (50,000. 

I 2. No compensation. I 

An Act to appropriate Fifty Thousand Dollam to complete the Doufflas- 
Monument at Chicago. Apipjroved May 21, 1877. In force July 1, 1877. 

Section 1. [Names Commissioners.] Be it enacted by the People of 
the State of Illinois, rejjresented in the General Assembly, That John D. Caton^ 
Thomas Drummond, Lyman Trumbull, Melville W. Fuller, Robert T. 
Lincoln and Potter Palmer, all of the city of Chicago, county of Cook,. 
Benjamin F. Fridly, of Kane county, Gustavus Ka?rner, of St. Clair 
county, and Ralph Plumb, of La Salle county, Illinois, be, and they 
are hereby constituted Comniissioners of the Douglas Monument at 
Chicago, and are authorized and empowered to received proposals and 
contract for the completion of the Douglas Monument ; Prorided, that 
said Commissioners shall not obligate the State of Illinois, to exceed 
the sum named in section three of this act. 

§ 2. [No Compensation.] Said Commissioners sliail receive n» 
compensation fur their services. 



]^2 APPROPRIATIONS. 



§ 3. [Appropriates $50,000.] For the purpose of defraying the cost 
of the completion of said Monument, the sum of Fift}' Thousand Dol- 
lars is hereby appropriated out of the State Treasury, and the 
Auditor of Public Accounts, is hereby authorized to draw his warrant 
on the State Treasury for said amount out of the money not other- 
wise appropriated, upon the certificate of a majority of the said Com- 
missioners from time to time, during, the progress of the work : Pro- 
vided, no money shall be drawn under the provisions of this act, prior to 
the first day of April A. D. 1877, which is made payable out of reven- 
ue from the assessments for the year 1876. 

Approved May 21, 1877. 



FOR EXPENDITURES INCURRED IN SUPPRESSING THE REBELLION. 
I 1. Appropriates $5,978.67 to pay claim of Head. 

An Act making an Appropriation for the Expienditures incurred in Sujj- 
pressing the Rebellion. Apjproved May 12, 1877. In force July 1, 1877. 

Section 1. [Appropriates $5,968.67. To Pay Claim of Head.] Be 
it enacted by the People of the State of Illinois, represented in the General As- 
sembly, That five thousand nine hundred and sixty-eight dollars 
and sixty-seven cents ($5,968.67) be appropriated out of the treasury 
to pay the amount found due unto Henry Head, for infantry and caval- 
ry equipments furnished the State to aid in suppressing the late re- 
bellion, under contract with the Quartermaster-General, and the Audi- 
tor of Public Accounts issue his warrant on the treasury therefor. 

Approved May 12, 1877. 



FOR THE EYE AND EAR INFIRMARY AT CHICAGO. 

S 1. Appropriates for two vears, etc. | § 3. When and how paid. 

'i 2. For land. ' | 

An Act to make apprropjriat ions for the Illinois Charitable Eye and Ear 
Infirmary, at Chicago. Approved May 22d, 1877. In force July 1, 1877. 

Section 1. [Appropriates for two Years.] Be it enacted by the Peo- 
ple of thr State of Illinois, rep/resented in the General Assembly , That there be 
and is hereby appropriated to the Illinois Charitable Eye and Ear In- 
firmary at Chicago, for the ordinary expenses, the sum of seventeen 
thousand dollars ($17,000) per annum, payable quarterly in advance 
from the first day of July, 1877, until the expiration of the first fiscal 
quarter after the adjournment of the next General Assembly ; for 
repairs and improvements, one thousand five hundred dollars ($1,500) 
per annum ; for the purchase of additional furniture, the sum of three 
thousand dollars ($3,000;, and for the erection of a boiler house, kitchen, 
dispensary and operating room, in accordance with the plans and speci- 
fications prepared by Messrs. Burling and Adler, architects, the sum 
of five thousand, nine hundred and twenty-five dollars ($5,925). 

§ 2. [For Land.] The Trustees of said Infirmary are hereby au- 
thorized to purchase, for the use of the same, the lot or parcel of land 



APPROPRIATIONS. 



lying immediately north of and adjoining the lot upon which the 
buildings of the infirmar}^ are situated, said lot or parcel of land 
having an east frontage on South Peoria Street of fifty feet, more or 
less, in width, and the sum of ten thousand dollars [$10,000], or such 
part thereof as may be necessary, is hereby appropriated for the pay- 
ment of said lot or parcel of land ; but no part of said sum shall be 
paid for or on account of said lot except upon deliver}^ to the said 
Trustees ot a good and sufficient warranty deed conveying a title in 
fee simple to said lot, such deed, together with the title to said land, 
to be aj)proved by the Attorney General of the State of Illinois. 

§ 3. [When and How Paid.] The Auditor of Public Accounts is 
hereby authorized and required to draw his warrants upon the Treas- 
urer for the above sums, subject to the limitations and conditions now 
prescribed by law in an act to regulate the State Charitable Institu- 
tions and the State Reform School, approved April 15th, 1875. 

Approved Mav 22, 1877. 



FOR THE asylum FOR FEEBLE MINDED CHILDREN. 
I 1. Appropriates (58,000 per annum and $30,940. | § 2. When and how drawn. 

An Act making appro-priations for the Illinois Asylum for Feeble Minded 
Children. Apjproved May 21, 1877. In foree July 1, 1877. 

Section 1. [Appropriates $58,000 per Annum, and $38,940.] 
Be it enacted by the People of the State of Illinois, repyresented in the General 
Assembly, That for the purpose of defraying the ordinary ex- 
penses of the Illinois Asylum for Feeble Minded Children, the 
sum of fifty-eight thousand dollars ($58,000) per annum be and the 
same is hereby appropriated out of the State Treasuiy, payable quar- 
terly in advance, from the 1st day of July, 1877, until the expiration 
of the first fiscal quarter after the adjournment of the next General 
Assembly; and that there be and are hereby appropriated the further 
sums of twenty-five thousand dollars ($25,000) for furnishing the new 
buildings; thirteen hundred and sixty dollars ($1,360) for fencing; 
four hundred dollars ($400) for walks ; four hundred dollars ($400) for 
scales and scale house ; one thousand dollars ($1,000) for enclosing 
covered passage ways ; two thousand five hundred dollars ($2,500) for 
barn and cow stable ; one thousand dollars ($1,000) for coal house ; five 
hundred dollars ($500) for fifteen (15) cows ; one thousand dollars 
($1,000) for cisterns ; seven hundred and fifty dollars ($750) for repair- 
ing boilers ; and one thousand and thirty dollars ($1,030) for a Berry- 
mans' heater; and the further sum of four thousand dollars ($4,000) for 
twenty (20) acres of land. And that the Trusteesof the Illinois Asylum 
for Feeble Minded Children be authorized to purchase twenty acres 
of land lying between the forty acres already purchased and the 
right of way of the Indianapolis, Bloomington and Western Railroad. 
The title to said twenty acres of land shall be approved by the 
Attorney General of the State before any money shall l)e expended 
for or on account of the purchase of the same. 

§ 2. [When and how Drawn.] The Auditor of Public Accounts 
is hereby authorized and required to draw his warrant on the State 



14 



APPROPRIATIONS, 



Treasurer for the said sums, upon orders of the Board of Trustees of 
the Illinois Asylum for Feeble Minded Children, signed by the Presi- 
dent and attested by the Secretary of said Board, with the seal of the 
Asylum. 

Approved May 21, 1877. 



FOR THE RELIEF OF THE GERMAN NATIONAL BANK. 
l I. Appropriates to pay lost bond. | §2. How and when bond to be paid. 

An Act for the relief of the German National Bank of Chicago. Approved 
May 18, 1877. In force July 1, 1877. 

Whereas, Revenue Deficit Bond No 156, bearing date January 1, 
1872, while the property of the German National Bank of Chicago, 

was lost on or about the day of , 1872, and whereas, no one 

•other than the said German National Bank has demanded or claimed 
payment of the said bond or the interest thereon, and the principal 
■of said bond and the interest thereon from the date thereof is still 
wholly unpaid — Therefore, 

Section 1. [Appropriation to Pay Lost Bond.] Be it enacted by 
the People of the State of Illinois, represented in the General Assembly, 
That the sum of eleven hundred and eighty dollars ($1,180), be and is 
hereby appropriated out of any money in the treasury, not otherwise 
appropriated, to pay said lost bond and interest thereon. 

§ 2. [When and how Paid.] That w^henever the said German 
National Bank of Chicago shall execute a good and sufficient bond in 
the penal sum of three thousand dollars ($3,000), payable to the State 
of Illinois, with such resident sureties as shall be approved by the 
Governor and conditioned for the full indemnity of the State against 
the production, payment or liability in any manner whatsoever by 
reason of the payment of said bond hereinbefore described, and file 
such bond in the office of the Secretary of State, the Auditor of Public 
Accounts be and he is hereby authorized and required to draw his 
warrant on the Treasurer for the sum of eleven hundred and eighty 
■dollars ($1,180), being the amount of said lost bond with interest ac- 
crued thereon. 

Approved May 18, 1877. 



STATE HISTORICAL LIBRARY AND NATURAL HISTORY MUSEUM. 



f 1. Established. 

i 2. Rooms. 

^ 3. Management — Trustees. 

i 4. Curator. 

}, 5. Librarian. 

g 6. Duty of curator. 



3 7. Specimens removed. 

2 8. Duplicate specimens. 

i 9. Museum at Normal. 

g 10. Appropriation, 

g II. When and how drawn. 



An Act to establish a, State Historical Library and Natural History 
Museum, to p)rovide for its care and maintenance and to appropriate 
money therefor. Aj^proved May 25, 1871. In force July 1, 1877. 

Where.as, It is important and desirable that all books, manuscripts 



APPROPRIATIONS. ^5 



and other matters illustrative of the early history of this State shall 
be preserved in some permanent form ; and 

Whereas, The collection of geological specimens accumulated in 
the progress of the geological survey of this State are lying in a disor- 
ganized mass in the basement of the Capitol; and 

Whereas, The large and valuable collection of specimens of zoology 
and botany in the Museum of Natural History at Normal are now in 
a building not fire-proof, and therefore in danger of destruction by 
fire ; thererefore : 

Section 1. [Established.] Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That there is hereby 
established at the capitol of the State a State Historical Library 
and Cabinet of Natural History, to be known as "The Illinois State 
Historical Library pnd Natural History Museum." 

§ 2. [Rooms.] The rooms in the west wnng of the State House, 
known as the Miscellaneous Library rooms, are hereby set apart for 
the said Library and Museum established by this act. 

g 3. [Management — Trustees.] The Illinois State Historical 
Library and Natural History Museum shall be under the management 
of three trustees, consisting of the Governor, Secretary of State and 
Superintendent of Public Instruction, who shall have power to make 
all such rules and regulations, not inconsistent with law, as may be 
necessary for its management. 

§ 4. [Curator.] It shall be the duty of said trustees to appoint a 
Curator, who shall be a person of competent scientific attainments, 
and who shall possess a practical knowledge of the science of geology. 

§ 5. [Librarian.] The Curator shall act as Librarian and shall 
have the custody, superintendence and charge of all articles directed 
to be deposited in said Library and Museum, and shall also perform 
the acts which are or may be required by law of the State Geologist. 

§ 6. [Duty of Curator.] It shall be the duty of the said Curator, 
as soon as the State House Commissioners furnish the book cases and 
furniture designed for the galleries of said rooms, to select frcm the 
State Library all books and documents relating to the history of this 
State and place them in the new rooms as a nucleus for a State His- 
torical Library. 

§ 7. [Specimens Removed ] It shall be the duty of the Curator, 
as soon after this act takes effect as is practicable, to have the collec- 
tion of geological specimens accumulated in the progress of the geologi- 
cal survey of this State, and the other specimens hereinafter named, 
removed to said rooms and classified, labeled and arranged in such a 
manner as to be effectually preserved and at the same time open to 
the inspection of the public. 

§ 8. [Duplicate Specimens.] One each of all the duplicate zool- 
ogical and botanical specimens now on hand in the Illinois Museum 
of Natural History at Normal, which are not needed to illustrate the 
natural history work of the State Normal University, are hereby 
directed to be deposited as soon as practicable in the Museum estab- 
lished by this act by the Curator of said Illinois Museum of Natural 
History. 



J^(3 APPROPRIATIONS. 



§ 9. [Museum at Normal.] It is hereby directed that the Illinois 
Museum of Natural History at Normal be converted into a State 
Laboratory of Natural Histor}", at which, under the direction of the 
Curator thereof, the collection, preservation and determination of all 
zoological and botanical material for said State Museum shall be done. 
It is made a part of the duty of said Curator to provide, as soon as 
possible, a series of specimens illustrating the zoology and botan}^ of 
the State, to deposit them from time to time in the Museum established 
by this act, and to furnish, as far as practicable, all zoological and botani- 
cal material needed by the State educational institutions for the proper 
performance of their work. 

§ 10. [Appropriation.] For the purpose of carrying out the pro- 
visions of this act, the following named sums are hereby appropriated 
out of the State Treasury for the purposes herein specified : 

For the salary of the Curator provided for in this act, the sum of 
two thousand five hundred dollars ($2,500) per annum for two years, 
payable quarterly. 

For the purpose of moving the geological specimens from the base- 
ment, and of moving the Natural History specimens at Normal to the 
rooms designated, and for arranging, classifying, labeling and putting 
all the said specimens in such condition that they will be efictually 
preserved and at the same time open to the convenient inspection 
of the public, the sum of five hundred dollars ($500). 

For the purpose of increasing the collections in Natural History, the 
sum of one thousand dollars ($1,000) per annum, to be expended under 
the direction of the Curator of the State Laboratory at Normal. 

§ 11. [When AND How Drawn.] The Auditor of Public Accounts 
is hereby authorized and required to draw his warrant on the Treas- 
er for the moneys herein appropriated, upon order of the Board of 
Trustees : Provided, That no portion of said moneys, other than the 
annual salaries, shall be due and payable until satisfactory vouchers 
in detail shall have been filed with the Auditor for the expenditures 
incurred. 

Approved May 25, 1877. 



FOR HORTICULTURAL SOCIETY. 
'i 1. Appropriates $2,000 per annum for two years. 

An Act viaklng an appropriation in aid of tne Illinois State Horticultural 
Society. Approved May 15, 1877. In force July 1, 1877. 

Section 1. [Appropriates $2,000 per annum for two years.] Be 
it enacted by the People of the State of Illinoii<, represented in the General A^. 
senibly, That there be appropriated, for the use of the Illinois State 
Horticultural Society, the sum of two thousand dollars [$2,000] per 
annum, for the years 1877 and 1878, to be expended by said Society for 
the purposes and in the manner specified in "An act to reorganize 
the Illinois State Horticultural Society," which was approved March. 
24, 1874. 

Approved May 15, 1877. 



APPROPRIATIONS. 



17 



FOR THE INDUSTRIAL UNIVERSITY. 

g 2. Appropriates S3o,750per annum, and $3,500. I j S. When and how drawn. 

An Act making appropriations for the Illinois Industrial University. Ap- 
proved May 18, 1877. In force Jidy 1, 1877. 

Section 1. [Appropriates $32,750 per Annum, and S3,o00.] Be it 
enacted by the People of the State of Illinois, rejjresented in the General As- 
sembly, That there be and hereby is appropriated to the Industrial 
University at Urbana, for the payment of taxes accruing in the years 
1876 and 1877, on lands owned and held by the State for the use of 
said institution, in the county of Gage, in the State of Nebraska, and 
in the counties of Pope, and Kandiyohi and Renville, in the State of 
Minnesota, the sum of three thousand dollars ($3,000) per annum. 

For current repairs and improvements of the buildings and grounds 
of said University, for the j^ears 1877 and 1878, the sum of two thou- 
sand five hundred dollars ($2,500) per annum. 

For current expenses of the chemical and physical laboratories of 
said University, for the years 1877 and 1878, the sum of one thousand 
dollars ($1,000) per annum. 

For the current expenses for educational work and practical instruc- 
tion of students in the mechanical shops of said University, for the 
years 1877 and 1878, the sum of one thousand five hundred dollars 
($1,500) per annum. 

For University library and cabinets, for the years 1877 and 1878, to- 
wit : for additional library cases, one thousand dollars ($1,000) ; for 
books and publications, one thousand five hundred dollars ($1,500) per 
annurii ; for cases for cabinets as per plans and estimates, two thousand 
two hundred and fifty dollars ($2,250) per annum ; for specimens for 
geological, mineralogical, and natural history cabinets, the sum of one 
thousand dollars, ($1,000) per annum. 

For the erection of a chemical laboratory building, as per plans and 
specifications, thirty thousand dollars ($30,000); for necessary heating 
apparatus, furniture and other fixtures for the same, the sum of ten 
thousand dollars ($10,000), the whole amounting to forty thousand 
dollars ($40,000), twenty thousand dollars ($20,000) of the same in 
the year 1877, and twenty thousand dollars ($20,000) in the year 1878. 

For the reconstruction and enlargement of the green-house and for 
a botanical and horticultural laboratory in the same, the sum of two 
thousand five hundred dollars (S2,500.) 

§ 2. [When and How Draavn.] The Auditor of Public Accounts 
is hereby authorized and directed to draw his Avarrant on the Treas- 
urer for the sum herein appropriated, payable out of any mone3's in 
the treasur}^ not otherwise appropriated, upon the order of the Board 
of Trustees, signed by the President of said Board and attested b}' the 
Secretary with the corporate seal of the University : Provided, That 
no part of said sum shall be due and paj^able to said institution until 
satisfactory vouchers in detail, approved by the Governor, shall be 
filed with the Auditor for all previous expenditures incurred by the 
—2 



\g APPROPRIATIONS. 



institution, on account of appropriations heretofore made ; and Provided 
further, That vouchers shall be taken in duplicate, and orip;inal or 
duplicate vouchers shall be forwarded to the Auditor of Public Ac- 
counts for the expenditure of the sums appropriated in this act. 
Approved IVPay 18, 1877. 



HOSPITAL FOR THE INSANE, CENTRAL. 

?, 1. Appropriates for expenses, etc. | g 3. AVhen and how Drawn. 

i 2. Appropriates for improvements, etc. | 

An Act erditled " An Act making appropriations to defray the ordinary 
expenses of the Illinois Central Hospital for the Insane, located at Jaclcson- 
ville, and for making re'pairs and- improvements to said Hospitcd.''^ Ap- 
proved May 17, 1877. In force July 1, 1877. 

Section 1. [Appropriates for Expenses, etc.] Be it enacted hy 
the peop)le of the State of Illinois, repjresented in the General Assembly, That 
there be and hereby is appropriated for the use of the Central Hospital 
for the Insane, located at Jacksonville, the following sums : To 
defray, the ordinary expenses of said Central Hospital, from the first 
day of Jul}^, 1877, to the first day of July, 1878, the sum of sixty-five 
thousand dollars ($65,000), and also any unexpended balance that 
may remain in the hands of the trustees of said hospital on the first 
day of July, 1877, from any former appropriation, to defray the ordi- 
nary expenses of said hospital ; and to defray the ordinary expenses of 
said hospital from the first day of July, 1878, to the end of the first 
fiscal quarter after the adjournment of the next regular session of the 
General Assembly, there is hereby appropriated the sum of ninet}''- 
two thousand dollars, ($92,000) per annum. The money appropriated ' 
by this section, payable in quarterl}^ installments, in advance, in 
the manner now provided for by law. 

§ 2. [Appropriates for Improvements, etc.] That there be and 
hereby is appropriated]for the use of the said Central Hospital, for ren- 
ovating five wards in saidhospital building, and for laying English til- 
ing in eight water closets, and for general repairs on said buildings and 
grounds, the sum of six thousand dollars (S6,000) per annum ; and for 
material and building, heating and furnishing a building for ironing 
and mending, and store rooms, and for sleeping apartments for em- 
ployes in the same, there be and hereby is appropriated the sum of 
seven thousand dollars ($7,000) ; and for renewing the stone work of 
the front portico of said Central Hospital building, and for laying a 
brick walk in front of the building on the north side thereof, lor con- 
structing walks for patients, and for other improvements of the 
grounds in front of the hospital buildings, there be and hereby is 
appropriated the sum of three thousand dollars ($3,000) ; and for 
extending, enlarging, finishing and furnishing an amusement hall, 
there is herebv appropriated the sum of twentv-five hundred dollars 
($2,500.) 

And for material and putting in fire plugs so as to convey water 
around the entire buildina;, for the better protection against fire, there 
be and hereby is appropriated the sum of fifteen hundred dollars 
($1,500). 



APPKaPRiA:?iONs.xv, 19 



And for seed house, broom shop, and conservatory, there is hereby 
a,ppropriated for said hospital, the sum of fifteen hundred dollars 
($1,500). 

And for constructing summer houses in the airing courts used and 
occupied bv patients, there is hereby appropriated the sum of one 
thousand dollars ($1,000). 

And to enable the said Central Hospital, the better to dispose of 
the drainage from said hospital buildings, there is hereby appropriated 
the sum of one thousand dollars, which the trustees of said hospital 
are empowered and authorized to pay to the city of Jacksonville, 
when the said city of Jacksonville shall have constructed a sewer 
from the crossing of North Main street and Merton avenue in said 
city, east to the Mauvaisterre creek, the same to be laid with tile 
piping of not less than twelve inches in diameter; and said sum of 
one thousand dollars ($1,000) payable only when the said sewer is so 
completed by the said city of Jacksonville, and on the completion of 
said sewer, as before provided for, the said trustees of the said Central 
Hospital are authorized and empowered to construct a sewer on the 
grounds of the said hospital so as to connect with the sewer at the cross- 
ingof South Main street and Merton avenue; and for the paymentfor 
the construction of the sewer last aforesaid, there is hereby appro- 
priated the sum of twelve hundred dollars ($1,200), or so much 
thereof as may be required to pay for the same. The trustees 
of said hospital shall keep accounts and vouchers separately for each 
item of expenditure herein provided for, and shall file duplicates of 
the same in the office of the Secretary of the Commissioners of the 
Board of Public Charities. And the money herein appropriated for 
the several specified items of building, renovating, repairing and im- 
proving herein provided, shall be drawn from the Treasury of this 
State, on the order of the trustees of said hospital, authenticated as is 
now provided b}^ law, and approved by the Governor of this State, 
and when so approved, the same shall be filed in the office of the 
Auditor of Public Accounts, and upon the filing of which, said order 
or orders, the Auditor shall draw his warrant on the Treasurer of this 
State for the sum so drawn for. 

§ 3. [When and How Drawn.] The money appropriated by the 
first section of this act shall be paid out of the State Treasury, upon 
the order of the Trustees of said Hospital, approved by the Governor, 
as is now provided for by law. 

Approved May 17, 1877. 



HOSPITAL FOR THE INSANE, CENTRAL. 

■i 1. Appropriates 875,000. 1 ? 4. Limitation of cost of building, etc. 

^ 2. Plans— Supervision. g 5. Emergency, 

g 3. Expense of patients after wings are open. | 

An Act for erecting additional buildings to the Central Hospital for th^. 
Insane, located at Jacksonville, ond for heating and jurnishing the same. 
Approved and in force May 18, 1877. 

Section 1. [Appropriates $75,000.] Be it enacted by the Pecple of 
the State of Illinois, represented in the General Assembly, That for the pur- 



20 APPROPRIATIOXS. 



pose of erecting additional wings to the Central Hospital for the In- 
sane, located at Jacksonville, for the proper accommodation and care 
of one hundred and fifty patients, the sum of seventy-five thousand 
dollars ($75,000) be and is hereby appropriated, to be drawn from the 
treasur}^ in such manner as is now provided by law. The amount 
herein appropriated shall be for erecting, piping, heating, ventila- 
' tion, sewerage and furnishing these additions, and making the neces- 
sary alterations in old wings for the proper distribution of food, water, 
gas and steam. 

§ 2. [Plans — Supervision.] The superintendent of said hospital 
is authorized to procure plans, which shall be approved by the board 
of trustees and by the Governor, and shall have the general charge 
and supervision of the work of constructing and finishing these addi- 
tions. 

§ 3. [Expense of Patients after Wings are Opened.] And for 
the purpose of defraying the additional expenses of one hundred and 
fifty additional patients from the date of opening said two wings of 
said Central Hospital, as contemplated by this act, there is hereby 
appropriated out of the State Treasury, out of any money not otherwise 
appropriated, the sum of fifteen thousand dollars ($15,000) per annum 
from the date said new wings are completed, and a pro rata sum from 
the date of opening of either of said wings and ready for the reception 
of patients until the end of the first fiscal quarter after the adjourn- 
ment of the next regular session of the General Assembly ; and for 
the purpose of ascertaining the time when said wings are completed 
and ready for the reception of patients, it is hereby made the duty of 
the Trustees of said Hospital to certify that fact under the hand of 
the President of said board, and attested by the Secretary thereof with 
the seal of said institution, to the Governor of the State, and when the 
Governor of the State is satisfied of the truth of the fact so to be certified 
to him as aforesaid, he shall endorse his approval thereon and cause 
the same to be filed in the office of Auditor of Public Accounts, 
and upon the filing of said certificate with the Auditor, the 
said Auditor shall draw his warrant on the Treasurer of this State 
for the first quarterly installment appropriated in this section, to de- 
fray the ordinary expenses of the additional patients provided for in 
this act, and for all the money appropriated by this section, after the 
first quarter as herein provided for, shall be done only upon the order 
of the Trustees with the approval of the Governor, as is now provided 
for by law. 

§ 4. [Limitation on Cost of Building.] The Trustees of said 
Hospital shall not on any account whatever contract for the building, 
completing and furnishing ready for occupancy by patients, of said 
two wings, at a greater cost to the State than the sum of seventy-five 
thousand dollars ($75,000), the sum appropriated in the first section 
of this act. 

§ 5. [Emergency.] Whereas, there is an urgent demand and 
necessity for additional accommodation for the chronic insane, and 
whereas, it is desirable to enclose the buildings before winter, there- 
fore an emergency exists, and this act shall be in force from and after 
its passage. 

Approved May IS, 1877. 



APPROPRIATIONS. 



21 



HOSPITAL FOR THE IXSAXE, EASTERN. 



Creates the Institution. 

Appropriates for Site, etc. 

Commissioners. 

Trustees. 

Plans. 

Advertisement for Bids. 

Opening of Bids. 



§ 8. Contract— How Made. 

'i 9. How Signed. 

'i 10. Wliat Bids should show. " 

g 11. Cost of Location. 

§ 12. AVhen and how Paid. 

^ 13. Officers not to be Interested. 

j 14. Title. 



Construction of Build- 
Approved 3Iay 25, 



An Act maJcmcj appropriations for land and for the 
ings for tlie Illinois Eastern. Hospital for the Insane 
1877. In force July 1, 1S77. 

Section 1. [Creates the Institution.] Be it enacted hy the People 
of the State of Illinois, represented in the Generrd Assembly, That there 
be and is hereby created and established the Illinois Eastern Hos- 
pital for the Insane, which shall possess all the corporate and other 
powers, and be subject to all the rules, regulations and conditions, ex- 
pressed in an act entitled '• An act to regulate the State Charitable 
Institutions, and State Reform School, and to improve their organiza- 
tion and increase their efficiency," ajoproved April 15, 1875, and the 
object of said Hospital shall be the same as set forth in section three 
of said act. 

§ 2. [Appropriates for Site, etc.] For the purchase of the site 
and farm, which shall include not less than one hundred and sixty 
acres, nor more than three hundred and twenty, and for construct- 
ing buildings for the Illinois Eastern Hospital for the Insane, and 
for plumbing, heating and for the ventilation of the same, and fit 
the same buildings for occuj^any and use, there is hereb}' appropriated 
the sum of two hundred thousand dollars ($200,000), to be paid out of 
any moneys not otherwise appropriated as hereinafter provided. 

§ 3. [Commissioners.] That within ten days after taking effect of 
this act, the Governor shall appoint seven Commissioners, no two of 
which shall be from the same Congressional District, and none of 
Avhom shall be residents of that portion of the State east of the third 
principal meridian and included between the thirty-ninth and forty- 
one, and one-half parallels of latitude. Said Commissioners shall take 
and file in the office of the Secretary of State the following oath : '' I 
do solemnly swear that I will support the Constitution of the United 
States and of this State, and will faithfully discharge the duties of 
Commissioner to locate the Eastern Hospital for the Insane, according 
to the best of my ability, and that I have not, nor will not knowingly 
or intentionally, directly or indirectly, receive any money or other 
consideration from any corporation, company or person, for any vote or 
influence I may give or withhold, or for any other official act I may 
perform as said Commissioner." And as soon as possible after their 
appointment and qualification, shall proceed to select a site for the 
said Hospital in that portion of the State east of the third principal 
meridian, and included between parallels of latitude thirty-nine and 
forty-one and one-half, and at such a place as shall be at the same 
time most economical to the State and best adapted to the wants of the 
institution, having regard, in the selection to elevation, sewerage and 
drainage, an abundant and never failing supply of living water, facil- 
ity of access, the quality of the soil, and the price asked for the land ; 



22 APPROPRIATIONS. 



but the said Commissioners shall neither ask nor accept, on their own 
account, or on account of the State, any gift or gifts in money, freights, 
lands or other valuable property as a consideration for the location or 
choice of site. And a violation of this provision shall be deemed a 
high misdemeanor, punishable by fine or by imprisonment, or by 
both, at the discretion of any court in which conviction of the same 
may be obtained and had. 

§ 4. [Trustees.] AVithin ten days after the selection of a site the 
Governor shall appoint three Trustees for the said Hospital, who shall 
be a body corporate and politic and shall be subject to the same rules, 
regulations, conditions and purposes as Trustees of other State chari- 
table institutions, as now provided by law. 

§ 5. [Plans.] The said Trustees are directed and required to cause 
to be prepared suitable plans and specifications by a competent archi- 
tect, (for which not more than two percent, shall be allowed payable in 
installments as the work progresses), which shall be submitted to the 
Governor for his approval ; but no plan shall be adopted by the Trus- 
tees Avhich shall not first have been approved by the Governor and 
Board of Public Charities. Said plans shall be accompanied by speci- 
fications and by a detailed estimate of the amount, quality and des- 
cription of all materials and labor required for the erection and full 
completion of the buildings according to Said plans. 

§ 6. [Advertisement for Bids.] Whenever the said plans and 
specifications shall have been approved and adopted, the Trustees 
shall cause to be inserted in at least two of the daily or weekly news- 
papers in each of the following cities, to- wit : In Chicago, St. Louis, 
and Indianapolis and the city or town at or near which the said insti- 
tution shall be permanently located, an advertisement for sealed bids 
for the construction of the buildings herein authorized ; and they shall 
furnish a printed copy of this act and of the specifications, to all par- 
ties applying therefor; and all parties interested, who may desire it, 
shall have free and full access to the plans with the privilege of taking 
notes and making memoranda. And the said Trustees shall answer 
all inquiries addressed to them upon the subject of the proposed build- 
ing or buildings to the best of their ability and belief. 

§ 7. [Opening of Bids] Not less than thirty days after the publi- 
cation of the said proposals for bids, on a day and at an hour to be 
specified in the said advertisement, at the place where the said insti- 
tution shall be located in the presence of the bidders or so many of 
the bidders as may be present, the bids received shall be opened for 
the first time, and the contract for building shall be let to the lowest 
and best bidder. Provided, That no contracts shall be made and no ex- 
pense incurred for any building or 1:)uildings, requiring for the com* 
pletion of the same a greater expense than is provided for in the 
appropriation made in this act. And 'provided' farther, That no bid 
shall be accepted which is not accompanied by a good and sufficient 
bond, in the penal sum of ten thousand dollars, signed by at 
least three good and sufficient sureties conditioned as a guaranty for 
the responsibility and good faith of the bidder, and that he will enter 
into contract and give bond as provided in this act in case his bid is 
■ accepted. Provided also, that the Commissionei'S of the Penitentiary at 
Joliet, may bid and become contractors in behalf of the State on any 



APPROPRIATIONS. 23 



and all contracts in which they deem it to be for the interest of the 
Penitentiary and the State, and which they have the means to exe- 
cute ; and it shall be the duty of said Commissioners to faithfully 
perform such contracts as they may'make, but the said Commissioners 
shall not be required to give the bond required of other bidders and 
contractors. 

§ 8. [Contract — How Made.] The contract to be made with the 
successful bidder shall be accompanied by a good and sufficient bond, 
to be approved by the Governor before accepted ; conditioned for the 
faithful performance of his contract ; and the said contract shall pro- 
vide for the appointment of a superintendent of construction, who 
shall not receive more than five dollars per day for his services, and 
who shall carefully and accurately measure the work done and the 
materials upon the ground at least once in every month, and for the 
payment of the contractor upon the aforesaid measurement, and for 
the withholding of fifteen per cent, of the value of the Avork done and 
materials on hand until the completion of the building ; and for a for- 
feiture of a stipulated sum per diem for every day that the completion 
of the work shall be delayed after the time specified for its completion, 
in the contract ; and for the full protection of all persons who may 
furnish labor or materials for the construction of said hospital build- 
ings, by withholding payment from the contractor, and by paying 
the parties to whom any moneys are due for service or materials as 
aforesaid directly for all work done or materials furnished by them, in 
case of notice given to the trustees that any such party apprehends or 
fears that he will not receive the money due ; and for the settlement of 
all disputed questions as to the value of alterations and extras, by 
arbitration, at the time of final settlement, as follows : one arbitrator to 
be chosen by the trustees; one by the contractor, and one by the Governor 
of the State, all three of the said arbitrators to be practical mechanics 
and builders; and for the power and privilege of the trustees, under 
the contract, to order changes in the plans, at their discretion, and to 
refuse to accept any work which may be done, not fully in accordance 
with the letter and spirit of the plans and specifications; and all work 
not accepted shall be replaced at the expense of the contractor ; and 
for a deduction from the contract price of all alterations ordered by 
the trustees which may and do diminish the cost of all buildings. 
They may also make such other provisions and conditions in the said 
contract not herein above specified, as may seem to them necessary or 
expedient ; Provided, That no conditions shall be inserted contrary to 
the letter and spirit of this section. And that in no event shall the 
State be liable for a greater amount of money than is appropriated 
for said building and its appurtenances. 

§ 9. [How Signed.] The said contract shall be signed by the 
president of the board of trustees on behalf of the board, after a vote 
authorizing him so to sign shall have been entered upon the minutes 
of the board, and it shall be attested by the counter signature of the 
secretary of the board, and by the seal of the institution. It shall be 
drawn in triplicate and one copy of the same shall be deposited in the 
office of the board of public charities of this State. 

§ 10. [What Bids should Shoav.] All bids shall show the esti- 
mated cost of the work to be done of each description, in detail ; and 



24 



APPROPRIATIOXS. 



the trustees shall have the right and power at their discretion, to ac- 
cept bids for particular portions of the work, if for the advantage of 
the State, and all measurements and accounts, as the work progresses 
shall show' in detail the amount and character of the work for which 
payment is made. 

§ 11. [Cost of Location.] The cost of location, incuding the cost 
of a suitable site, may be paid out of the appropriation herein made, 
but shall not exceed sixteen thousand dollars. The commissioners to 
locate the hospital shall receive their actual traveling expenses as 
certified by them under oath, and a per diem of five dollars for each 
day actually emploj^ed in the discharge of the duties imposed upon 
them by this act, not to exceed twenty days in all. 

§ 12. [When and How Paid.] The moneys herein appropriated 
shall be paid to the parties to whom they may become due and pa3'a- 
ble, directly from the treasury of the State on the warrant of the Au- 
ditor of Public Accounts ; and the Auditor is hereby authorized and 
required to draw the said warrants for moneys due under this act, upon 
the order of the board of trustees accompanied by vouchers approved 
by the Governor as now provided by law. 

§ 13. [Officers not to be Interested.] No trustee or officer of 
the said institution shall be in any wa}^ interested in any contract for 
the erection of said buildings, or furnishing an}" material for said 
buildings; and if any such trustee or officer shall be so interested, he 
shall be deemed guilt}' of a high misdemeanor and on conviction 
thereof be fined in any sum not exceeding ten thousand dollars. 

§ 14. [Title.] Before making payment for the lands for wdiose 
purchase provision is made in this act, the seller shall furnish to the 
trustees an abstract of title, which shall be submitted by the trustees 
to the Attorney General for examination and to the Governor for his 
approval and no moneys shall be paid for the said lands without a 
perfect conveyance of title, in fee simple to the State of Illinois by a 
Avarranty deed. 

Approved May 25, 1877. 



hospital for the insane— northern. 

I 1. Appropriates 86,000. I I 3. Appropriates ^5,000. 

j 2. Superintendent to provide plans, etc. | i 4. Emergency. 

An Act to remove tivo cottages now on the grounds of the Illinois Northern 
Hospital for the Insane at Elgin, and putting foundations v.nder the same, 
and making additions thereto, for Hosjntal pnirposes, and to furnish the 
same, and to erect two lodges at gateways to Hospital grounds. Aj]2)roved 
and in force May 18, 1877. 

Section 1. [Appropriates S6,000.] Be it enacted by the People of 
the State of Illinns, represented in the General Assembly, That lor the pur- 
pose of removing two cottages now on the grounds of the Illinois 
Northern Hospital for the insane at Elgin, and putting foundations 
under the same, and additions thereto for Hospital accommodation, 



APPROPRIATIONS. 25 



and care of twenty-five or thirty additional patients, and erecting two 
lodges at either entrance to the Hospital grounds, and to guard the 
same and prevent the escape of patients and the intrusion of out- 
siders, the sum of six thousand dollars ($6,000) be and is hereby appro- 
priated, to be drawn from the treasury in such manner as is now pro- 
vided by law. 

§ 2. [Superintendent to Provide Plans.] The Superintendent 
of said Hospital shall provide the plans, which shall be approved by 
the Board of Trustees and the Governor, and shall have the general 
charge and supervision of the removing, putting the foundation under 
said cottages and the additions thereto, and the erecting the said 
lodges and the furnishing the said cottages. 

§ 3. [Appropriates $5,000.] That there be and is hereby appro- 
priated the sum of two thousand dollars ($2,000) for the j)urpose of 
furnishing the said cottages, and for increased ordinary expenses of 
the hospital, in consequence of the enlargement and addition herein 
provided for, the sum of three thousand dollars ($3,000) per annum, 
from the date of the completion and occupancy of the said cottages, 
and no portion of this appropriation for increased ordinary expenses 
shall be due or payable to the trustees, or on their order, until both 
the said cottages shall have been completed and occupied by patients. 

§ 4. [Emergency.] Whereas, There is an urgent demand and 
necessity for the said cottages and additional accommodation for the 
chronic insane. 

Therefore, An emergency exists, and this act shall be in force 
from and after its passage. 



Approved May 18, 1877. 



hospital for the insane, northern. 

g 1. Appropriates 3104,000 per annum and $25,- 1 §2. When and how drawn. 
897.85. I 

An Act making cqjpropriations for the ordinary and other expenses of the 
Illinois Northern Hospital for the Insane, at Elgin. Approved May 18, 
1877. In force July 1, 1877. 

Section 1. [Appropriates $104,007 per Annum and $25,897.85.] 
Be it enacted by the People of the State of Illinois, represented in the General 
Afsemhly, That the following amounts be and hereby are appropriated to 
the Northern Hospital for the Insane, at Elgin, for the purpose herein 
named and for no other. For ordinary expenses, the sum of ninety- 
eight thousand dollars ($98,000) per annum, paj^able quarterly in ad- 
vance from the first day of July, 1877, until the expiration of the first 
fiscal quarter after the adjournment of the next General Assembly. 
For repairs, five thousand dollars ($5,000) per annum. For alterations 
in heating and ventilation, ten thousand dollars ($10,000). For new 
boiler house, six thousand eight hundred ninety-seven dollars and 
eighty- five cents ($6,897.85). For grading and shrubbery, one thous- 
and dollars ($1,000) per annum. For straw barn, with stone base- 
ment, to be used for storage of agricultural implements and for 



2(3 APPROPRIATIONS. 



slaughtering purposes, one thousand five hundred dollars ($1,500). 
For refrigerating house, two thousand five hundred dollars ($2,500). 
For hydraulic elevator in kitchen, five hundred dollars ($500). For 
cisterns for rain water, one thousand five hundred dollars ($1,500). 
For furniture to furnish new rooms, two thousand dollars ($2,000). 

§ 2. [When and How Drawn.] The Auditor of Public Accounts 
is hereby authorized to draw his warrants upon the Treasurer for the 
money herein appropriated, upon the order of the Board of Trustees of 
said institution, signed by the President and attested by the Secre- 
tary, with the seal of the institution thereto affixed, subject to the 
limitations and conditions in sections 18, 19 and 20 of an act entitled, 
"An act to regulate the State Charitable Institutions, and the State 
Reform School, and to improve their organization and increase their 
efficiency," approved April 15th, 1875. 

Approved May 18, 1877. 



HOSPITAL FOR THE INSANE, SOUTHERN. 
'i 1. Appropriation for expenses, repairs, etc., etc. | g 2. Wlien and how drawn. 

An Act making appropriations for the ordinary and other expenses of the 
Illinois Southern Hospital for the Imane, at Anna. Approved May 17, 
1877. Injorce Jidy 1, 1877. 

Section 1. [Appropriation for Expenses, Repairs, etc.] Be it 
enacted by thp People of the State of Illinois, represented in the General Assembly, 
That the following amounts he and hereby are appropriated to the 
Illinois Southern Hospital for the Insane, at Anna, for the purposes 
herein named and for no other : 

For ordinary expenses the sum of eighty-five thousand dollars ($80,- 
000) per annum, payable quarterly in advance from the first day of 
July, 1877, until the expiration of the first fiscal quarter after the ad- 
journment of the next General Assembly. 

For improvement of the grounds, two thousand dollars ($2,000). 

For finishing road from Anna, two thousand five hundred dollars 
($2,500). 

For Coal house, one thousand dollars ($1,000.) 

For carpenter shop, four hundred dollars ($400). 

For frame barn, with stone basement, three thousand five hundred 
dollars ($3,500). 

For fire pump and hose, one thousand eight hundred dollars 
($1,800). 

For rotary oven, one thousand dollars ($1,000). 

For dry closet tAvo thousand five hundred dollars ($2,500). 

For improvements and repairs, five thousand dollars per annum, 
payable quarterly in advance. 

§ 2. [When and hoav Drawn.] The Auditor of Public Accounts 
is hereby authorized to draw his warrant upon the Treasurer for the 
moneys herein appropriated upon the orders of the Board of Trustees 
of said institution, signed by the President and attested by the Secre- 



APPROPRIATIONS. 



27 



tary, with the seal of the institution thereto affixed, subject to the 
limitations and conditions contained in sections eighteen, nineteen 
and twenty of an act entitled "An act to regulate the State Charitable 
Institutions and the State Reform School, and toimprove their organ- 
ization and increase their efficienc}^," approved April 15th, 1875. 
Approved May 17, 1877. 



FOR THE COMPLETIOX OF THE LINCOLN MONUMENT. 
§ 1. Appropriation 127,000. I § 1. Wlien and how drawn. 

An Act making an appropriation for tlie compjletion of the Lincoln Monu- 
ment at Springfield, Illinois. Approved May 21, 1877. In force Jtdy 1, 
1877. 

Section 1. [Appropriates S27,000.] Be it enactedhy the People of the 
State of Illinois, represented in the General Assembly, That the sum of 
twenty-seven thousand dollars ($27,000) be and the same is hereby 
appropriated for the completion of the monument erected to the mem- 
ory of the late Abraham Lincoln, at Oak Ridge Cemetery, near Spring- 
field, Illinois. 

§ 2. [When and How Drawn.] The Auditor of Public Accounts 
is hereby authorized and directed, upon the application of the direc- 
tors of the Lincoln Monument Association, to draw his warrant upon 
the State Treasurer for the said sum of twenty-seven thousand dollars 
($27,000), to be paid by the said Treasurer out of any monej'^s in the 
State Treasury, not otherwise appropriated. 

Approved Mav 21, 1877. 



FOR the normal UNIVERSITY, NORMAL. 

An Act maJcing an appropriation for the ordinary expenses of the Normal 
University at Normal, and for repjairs to the same, and for additions to the 
library, museum and apparatus thereof. Approved' May 18, 1877. In 
force July 1, 1877. 

I X. Appropriates one-half college fund, and I ?3. Appropriation for repairs. 
*18,205. 50. I §4. Expiration of Act. 

2. When and how drawn. I 

Section 1. [Appropriates one-half College Fund and S18,- 
295.50.] Be it enacted by the People of the State of Illinois, represented in the 
General Assembly, That there be and hereby is ajDpropriated to the 
Normal University at Normal, for ordinary expenses in addition to 
the one-half of the interest of the College and Seminary fund which is 
hereby appropriated, the further sum of eighteen thousand and two 
hundred and five dollars and fifty cents ($18,205.50) per annum paya- 
ble quarterly in advance for the payment of salaries, for the purchase 
of fuel, for additions to library and museum, for apparatus, for contin- 



28 APPROPRIATIOXS. 



gent and incidental expenses; Provided^ That the expenses of the 
model and high schools shall be paid out of the receipts for tuition of 
pupils in said schools. 

§ 2. [When and How Paid.J The Auditor of Public Accounts 
is hereby authorized and required to draw his warrant upon the 
Treasurer for the aforesaid moneys upon the order of the State Board 
of Education, signed by the President and attested by the Secretary 
of said Board with the corporate seal of the institution : Provided, That 
no part of the moneys herein appropriated shall be due and payable 
to the said institution until satisfactory vouchers in detail approved 
by the Governor have been filed with the Auditor for the expenditure 
of the last quarterly installment of appropriations herein or heretofore 
made for the clefra3dng of ordinary expenses. 

§ 3. [Appropriates for Repairs.] There is also hereby appro- 
priated to said institution for repairs to the building the sum of twen- 
ty-five hundred dollars (S2,500) for two years. And the sum appro- 
priated in this section shall be payable out of any moneys in the 
Treasury not otherwise appropriated, on the warrant of the Auditor 
of Public Accounts, who is hereby authorized and directed to issue the 
said warrant, on order of the State Board of Education, signed by the 
President of said Board and attested by the Secretary, with the corpo- 
rate seal of the institution : Provided^ That duplicate vouchers shall be 
taken and filed with the Auditor of Public Accounts for all expendi- 
tures on account of the appropriation herein made. 

§ 4. [Expiration of Act.] This act shall be and continue in 
force from the first day of July, 1877, until the expiration of the first 
fiscal quarter after the adjournment of the next General Assembly. 

Approved May 18, 1877. 



FOR THE NORMAL UNIVERSITY, SOUTHERN. 
I 1. Appropriation for teachers, grading, etc. | I 2. When and how paid. 

An Act maldng appropriations to the Southern Normal University at Car- 
hondale. Approved May 15, 1877. In force July 1,1877. 

Section 1. [Appropriation for Teachers, Gradinc;, etc.] Be 
it enacted by the People of the State of Illinois, represented in the Genercd 
Assembly, That for the payment of salaries, for the purchase of fuel, 
library, museum cases and apparatus, and for necessary repairs, there 
be, and hereby is appropriated to the Southern Normal University at 
Carbondale, in addition to one-half of the interest on the college and 
seminary fund, which is hereby appropriated, the further sum of 
thirteen thousand seven hundred and ninety-six dollars and forty-four 
cents ($13,796.44) per annum, payable quarterly in advance from the 
first day of July, 1877, to the expiration of the first fiscal quarter after 
the adjournment of the next General Assembly; And for grading the 
University grounds, a further sum of two thousand five hundred dollars 



APPKOPRIATIONS. 99. 



($2,500) is hereby appropriated, payable out of the levy of 1876. Pro- 
vided, The expenses of the model and high schools shall be paid from 
the receipts of said schools. 

§ 2. [When and How Paid.] The Auditor of Public Accounts is 
hereby authorized and required to draw his warrants upon the Treas- 
urer for said sums upon the order of the Trustees, sigred by the Presi- 
dent and attested b}'' the Secretary, with the corporate seal of the 
Institution attached : Provided, That satisfactory vouchers in detail, 
approved by the Governor, shall be filed quarterly with the Auditor of 
Public Accounts, for all expenditures, ordinary and extraordinary, of the 
preceding quarter, and that no part of the moneys herein appropriated 
shall be due and payable until after such vouchers shall have been so 
filed. 

Approved May 15, 1877. 



FOR THE NORMAL UNIVERSITY, SOETHERN. 

I 1. Appropriates SIS, 000. | g 3. When and how drawn. 

I 2. Contract for heating apparatus. | 

An' Act to make an appropriation to introduce steam-heating apparatus into 
the building of the Southern Illinois Normal University, at Carhondale. 
Approved May 21, 1877. In force July 1, 1877. 

Section 1. [Appropriates $18,000.] Be it enacted by the People of 
the State of Plinois, represented in the General Assembly. That a sum not 
exceeding eighteen thousand dollars ($18,000) be and is hereby appro- 
priated out of any moneys not otherwise approjDriated to introduce 
steam-heating apparatus into the building of the Southern Illinois 
Normal University for the purpose of warming the rooms thereof. 

§ 2. [Contract for Heating Apparatus.] The Trustees of the 
said Southern Illinois Normal University shall have power to 
contract with the lowest responsible bidder for putting in said steam- 
heating apparatus, and shall reserve not less than twenty per cent, of 
the sum agreed to be paid until there has been practical test made of 
its capability to do the work rec^uired of it for at least four months. 
The contract shall be awarded only after advertisements have been 
printed for not less than thirty (BO) days in at least one newspaper in 
the cities of Chicago, Bloomington, Springfield and St. Louis. The 
contractor shall be required to give bonds to the people of the State in 
a sum double the contract price, conditioned on the faithful perform- 
ance of his work, and that the heating apparatus shall work satisfac- 
torily to the Trustees, for the term of two years from its completion. 

§ 3. [When and How Drawn.] The moneys hereb}^ appropriat- 
ed shall be paid to the contractor by the Treasurer of the State on the 
warrants of the Auditor of Public Accounts; and the Auditor is here- 
by authorized and required to draw the said warrants for moneys due 
under this act on the order of the said Trustees accompanied by 
vouchers approved by the Governor. 

Approved May 21, 1877. 



30 



APPROPRIATIONS. 



FOR THE PENITENTIARY— NORTHERN. 



1. Appropriates to pay debts. 

2. When and how drawn. 



I § 4. Emergency. 



An Act vial'mg an appropriation for the Illinois State Penitentiary. Ap- 
proved and in force May 17, 1877. 

Section 1. [Appropriates to Pay Debts.] Be it enacted by the 
People of the State of Illinois, represented in the General Assenibly, That 
for the purpose of paying the debts of the Illinois State Penitentiary, 
the sum of ninety-eight thousand and ninety dollars and ninety-eight 
cents (98,090.98) or so much thereof as may be necessary, be and is 
hereby appropriated, to. pay the indebtedness of the Penitentiary con- 
tracted before the first day of April, A. D. 1877, to be paid to the per- 
sons to whom the same is due, upon vouchers, in detail, verified by 
the warden of the Penitentiary, certified to be correst by the Commis- 
sioners of the Penitentiary, and approved by the Governor. 

§ 2. [When and How Drawn.] The Auditor of Public Accounts 
is hereby authorized and directed to draw his warrant on the State 
Treasurer for the sum herein specified, upon presentation of the proper 
vouchers, and the State Treasurer shall pay the same out of any funds 
in the Treasury, not otherwise appropriated. 

§ 3. [Emergency.] Whereas, an emergency exists ; therefore, 
this act shall take effect and be in force from and after its passage. 

Approved Mav 17, 1877. 



FOR THE PENITENTIARY— SOUTHERN. 



? 1. Governor to appoint Commissioners, 

(i 2. Location— Purchase of land, 

g 3. Contracts for building— How made, 

a 4. Bond— Oath. 

§ 5. Duty of Commissioners — Transfer of con- 
victs. 

^ 6. Leasing convict labor, 

g 7. Bond of contractor— Arbitration. 



'i 8. Advertising for bids — Specifications - 

Awarding contracts. 
i 9. Appropriation. 
3 10. Convict labor on buildings. 
S lOy^. Payment for convict labor. 
g 11. Notice of completion of penitentiary. 
g 12. Removal of convicts. 
I 13. Term of office — vacancy — salary. 
i 14. Uniformity in regulations. 



An Act to locate, construct and carry on the Southern Plinois Penitentiary. 
Approved May 2Jf.th, 1877. In force July 1st, 1S77. 

Section 1. [Governor to Appoint Commissioners.] Be it eancted 
hy the People of the State of Illinois, represented in the General Assembly, 
That the Governor shall, within ten days after this act takes effect, 
appoint three Commissioners, to be denominated "The Commissioners 
of the Southern Illinois Penitentiary," which Commissioners shall 
have the powers and execute the duties hereinafter provided for by 
this act. 

§ 2. [Location — Purchase of Land.] Said Commissioners are 
hereby authorized to lo3ate, construct and provide for carrying on the 
said Southern Illinois Penitentiary at such place in the southern 
part of this State as said Commissioners may select, and for this pur- 
pose they may contract for, purchase and enter into possession of such 
land, messuages and premises as may be necessary and useful for such 



APPEOPRIATIOXS. 3]^ 



purpose, and in making such purchases for the purposes -mentioned, 
the said Commissioners shall particularly consider the pre-requisites 
of convenience of access, elevation, drainage, never-failing water- 
privilege, convenience to both quantity and quality of stone and tim- 
ber, and price of land upon which to locate said penitentiary: Provi- 
ded, That the site upon which such Penitential}' is located shall con- 
tain at least one hundred acres of land in one body. Said purchase 
shall be made subject to the approval of the Governor, Auditor of 
Public Accounts and Attorney General, who shall inquire as to the 
title to said ground, and the price to be paid therefor. If the Gov- 
ernor, Auditor and Attorney General, approve said purchase, convey- 
ance shall then be made thereof to the said Commissioners in their 
corporate name, for the use of the People of the State of Illinois. In 
case said ground cannot be purchased for a price that the Governor, 
Auditor of Public Accounts and Attorney General will approve, or in 
case the parties claiming such ground cannot make good title thereto 
to the State, then such Commissioners shall immediately proceed in 
their corporate name, for the use of the State of Illinois, to have such 
ground condemned in accordance with the statute made and provided : 
And 'provided.^ further, That the cost of location including the cost of a 
suitable site shall be paid out of the appropriation herein made, and 
shall not exceed the sum of twenty thousand dollars. Provided, how- 
ever, That the selection of the locality and site for such Penitentiary 
shall be first submitted by said Commissioners to the Governor, Audi- 
tor of Public Accounts and Attorney General for their approval and 
confirmation ; and no such selection of site shall be finally fixed and 
determined until the same shall have been approved by the Governor, 
Auditor of Public Accounts and Attorney General, or by two of them. 

§ 3. [Contracts for Building — How Made.] Said Commissioners 
may enter into contracts for the building of said Penitentiary, 
upon such specifications, terms and conditions as the}' may prescribe, 
consistent with the conditions of this act. But no Commissioner 
shall, in any way, be interested in any contract for the erection of 
said building, or furnishing any materials therefor, nor shall the 
Commissioners, or either of them ask or accept, on their own account, 
any gift or gifts in mone}', freights, lands or other valuable property, 
as a consideration for the location or choice of site. And a violation 
of this section shall be deemed a high misdemeanor, punishable by 
fine or imprisonment, or both, in the discretion of the court in which 
conviction may be had. But the Commissioners shall not contract for 
the construction of any building or buildings or any foundation or 
other portion of the same, which cannot be fully completed and made 
ready for occupancy and use without the expenditure of any moneys 
in excess of the appropriation made, and any contract in violation of 
this provision shall be null and void : Provided, That this shall not be 
construed to forbid the construction of such, and so many wings, cells, 
houses, shops and other buildings, as can be completed within the 
appropriation, nor to forbid the erection of such outer walls as the 
Co'.nmissioners may find to be necessary. 

§ 4. [Bond — Oath.] That the said Commissioners, before entering 
upon their duties, and within twenty days after their appointment, 
shall respectively give their bonis, with good and sufficient sureties, 



32 APPROPRIATIOXS. 



to the State of Illinois, to be approved by the Governor, in the penalty 
of twenty-five thousand dollars, conditioned faithfully and promptly 
to perform the duties prescribed by this act, and each of said Commis- 
sioners shall take and subscribe the oath prescribedby section twenty- 
five article five of the Constitution of this State. 

And immediately after the appointment and qualification of said 
Commissioners, they shall proceed to organize by appointing one of 
their number President and one Secretary. 

§ 5. [Duty of Commissioners — Transfer of Convicts.] It shall 
be the duty of said Commissioners to superintend the construction of 
said Penitentiary and as speedily as practicable, so far complete the 
buildings, that at least one hundred of the convicts now confined at 
Joliet may be removed to such Penitentiary, and when the Commis- 
sioners shall report to the Governor that said buildings are ready for 
the reception of such convicts, he shall order the Warden of the Peni- 
tentiary at Joliet to convey the number of prisoners which said Peni- 
tentiary buildings are ready to accommodate, from the Penitentiary 
at Joliet to the gaid " Southern Illinois Penitentiary," and the War- 
den shall be paid therefor only the actual costs of transportation and 
guarding said prisoners ; and no prisoners shall be conveyed to the 
said Penitentiary from Joliet, except such as have at least one year of 
an unexpired term to serve. And the Commissioners shall as speedily 
as practicable cause to be constructed permanent cells for the safe con- 
finement of not less than one hundred convicts, to be transferred from 
the Penitentiary at Joliet in order that their labor may be used in the 
construction of the Penitentiary buildings provided for in this act, 
and provision for so doing shall be made in the contract herein pro- 
vided for : Provided, That said Commissioners shall not let any con- 
tract nor at any time obligate the State for the payment of any sum 
above the approjjriation previously made. 

§ 6. [Leasinc4 Convict Labor.] The convicts conveyed from 
Joliet to said "Southern Illinois Penitentiary," shall be employed in 
the construction of said Penitentiary, so far as may be practicable, and 
in the opinion of said Commissioners the labor of said convicts may 
be profitable to the State, by leasing such labor to the contractor or 
contractors for the erection of said Penitentiary, and such leasing of 
said convict labor to said contractor or contractors may be made by 
the said Commissioners a condition precedent in letting said contract 
or contracts. And as soon as said Commissioners shall have made 
provision for the comfortable treatment and safe keeping of not less 
than one hundred convicts, to be employed by said contractors they 
shall certify that fact to the Governor, who shall at once order the 
Warden of the Penitentiary to transfer the number of convicts re- 
quired, and deliver them into the custody of the Commissioners of the 
Southern Penitentiary. 

§ 7. [Bond of Contractor — Arbitration.] The contract to be 
made with the successful bidder shall be accompanied by a good and 
sufficient bond, to be approved by the Governor before accepted ; and 
it shall provide for the appointment of a superintendent of construc- 
tion, who shall carefully and accurateh^ measure the work done, and 
materials upon the ground, at least once in every month, and for the 
payment of the contractor upon such measurement, and for the with- 



APPROPRIATIONS. 33 



holding of fifteen per cent of the value of the work done, and materials 
on hand, until the completion of the buildings, as a guaranty for its 
completion ; and for a forfeiture of a stipulated sum per diem for every 
day that the completion of the work shall be delayed after the time 
specified for its completion; and for the full protection of sub-contraclors, 
by withholding payment from the contractor, and by paying the sub- 
contractors directly for all work done or materials furnished by them, in 
case of failure or refusal on the part of the contractor to fulfill his engage- 
ments with them ; and for the settlement of all disputed questions, as 
to the value of alterations and extras, by arbitration, as follows : One 
arbitrator to be chosen by the Commissioners, one, by the contractor, 
and one by the Governor, all three of said arbitrators to be practical 
mechanics and builders. And for the power and privilege of the Com- 
missioners under the contract to order changes in the plans, at their 
discretion, and to refuse to accept any work which may be done, and 
not be fully in accordance with the letter and spirit of the plans and 
specifications, and all work not accepted shall be replaced at the expense 
of the contractor. And for a deduction from the contract price of all 
alterations ordered by the Commissioners, which may and do diminish 
the cost of the building. And for the power and privilege of the Com- 
missioners to furnish such convict labor as they may deem for the best 
interest of the State, and be able to furnish. 

The said contract shall be signed by the President of the Board of 
Commissioners, on behalf of the Board, after a vote authorizing him 
so to sign shall have been entered upon the minutes of the Board, and 
it shall be attested by the counter-signature of the Secretary of the 
Board. It shall be drawn in duplicate and one copy of the same shall 
be deposited in the oflfice of the Secretary of State. 

§ 8. [iVDVERTISING FOR BiDS — SPECIFICATIONS — AWARDINC; CON- 
TRACTS.] Said Commissioners, after they shall have selected and pur- 
chased a location and site for said Penitentiary, shall publish specifi- 
cations and advertise for bids for thirty da^^s in four daily newspapers 
in this State and one in the city of St. Louis, for. First, for undressed 
stone delivered on the ground for the construction of the buildings ; 
Second, for stone in the quarry sufficient for the construction of said 
buildings; Third, for furnishing slate for roofing said buildings; 
Fourth, for the necessary locks, switch bars, gratings complete, stairs 
and galleries for said buildings ; Fifth, for the entire material and 
labor for the construction of said buildings, with the provision that 
convict labor shall be employed as herein provided ; said Penitentiary 
buildings, to be built of good building stone, and arranged upon 
the general plan of the Penitentiary at Joliet, but so constructed as to 
secure good ventilation. At the expiration of thirty days, at an ap- 
pointed time and place, said Commissioners shall open in the presence 
of all the bidders present, all the bids that may have been received 
by them, and shall award the contract or contracts to the loAvest and 
best bidder or bidders, and shall enter into contract with such bidder or 
bidders for the construction of said Penitentiary buildings, requiring 
and taking from such contractor or contractors a good and sufficient 
bond for the faithful performance of said contract, according to said 
published specifications, said bond and contract to be approved by the 



34 APPROPRIATION?. 



Governor and Auditor of State : Prpvided, The Commissioners shall re- 
serve the right to reject any or all of such bids, and to choose between 
the different classes of bids, provided for in this section. And provid- 
ed also, That the Commissioneis of the Penitentiary at Joliet are 
hereby authorized to become bidders or contractors on the part of the 
State for any or all contracts to be let in the construction of the said 
Penitentiar}'', and in case any contract is awarded to said Commis- 
sioners, they shall not be required to give the bond required of other 
contractors. 

§ 9. [Appropriatioxs.] There is hereb}' appropriated the sum of 
two hundred thousand dollars for the purchase of such lands as may 
be selected and deemed necessary by said Commissioners for said Pen- 
itentiary, and for the erection of said Penitentiary buildings which 
amount shall be paid to said Commissioners out of any money in the 
Treasury not otherwise appropriated, on the warrant of the Auditor of 
Public Accounts, in sums not exceeding ten thousand dollars at any 
one time. The Auditor of Public Accounts is hereby authorized to 
draw his warrant on the Treasurer for the money hereby appropriated, 
on receiving a certificate of said Commissioners or a majority of them, 
approved by the Governor that such moneys are necessary for the 
purpose contemplated by this act, in sums not exceeding ten thousand 
dollars at one time : Provided, That after said Commissioners shall 
have drawn any amount of money by virtue of this act, they shall not 
be entitled to draw or receive any more money by virtue hereof, while 
there shall remain in their hands unexpended the amount of over one 
thousand dollars, and they shall produce to the Auditor of Public Ac- 
counts proper vouchers showing the expenditure of such money. 

§ 10. [Convict Labor on Buildings.] That the convicts committed 
to the said Penitentiary, be required to labor on or about an}^ buildings 
necessary therefor, in getting out materials for building such Peni- 
tentiary or buildings connected therewith, whenever in the opinion 
of said Commissioners or any two of them, it may be deemed proper to 
so employ them. 

i^ 10^. Payment for Convict Labor.] The said Commissioners 
shall contract, with the contractors for the building said Penitentiary 
for the employing of convict labor thereon, as hereinbefore provided, 
upon terms to be agreed upon between said Commissioners and said 
contractors, subject to the approval of the Governor, and it shall be 
the duty of said Commissioners, upon each periodical settlement with 
Said contractors, to retain in the funds herein appropriated, the amount 
of the contract price of the labor j^erformed by convicts prior to such 
settlement. Provided, That for whatever labor is done by convicts 
while in the custody and control of the warden of the Penitentiar}-, at 
Joliet, payment shall be made to said warden. 

§ IL [Notice of Completion of Penitentiary.] Whenever the 
said Penitentiary is ready for the accommodation and safe keeping of 
convicts, the said Commissioners or a majority of them shall certify 
that fact to the Secretary of State, and thereupon the Secretary of 
State shall notify all the Judges of the Circuit Courts and other 
Courts having criminal jurisdiction, in the counties lying south of the 
following tier of counties, to-wit : Iroquois, Ford, Livingston, Wood- 
ford, Peoria, Knox, Warren and Henderson, and after such notice, all 



APPROPRIATIONS. 



convicts sentenced to the Penitentiary in the counties aforesaid, shall 
be committed to the Penitentiary provided for by this act. Provided, 
That the authorities in charge of the Southern Illinois Penitentiary 
and the one at Joliet may, with the approval of the Governor, make 
such exchange of prisoners from one building to the other as good 
discipline and the interest of the State may require. 

§ 12. [Removal OF Convicts.] Upon the removal of convicts from 
Joliet to said Penitentiary, as provided for by this act, the said Com- 
missioners shall appoint a Warden, Chaplain and Ph^'sician, asis now 
provided for by law, for the management of the ''Illinois State Peni- 
tentiary at Joliet," and all laws, rules and regulations now in force for 
the government and conducting of the "Illinois State Penitentiary at 
Joliet," so far as they will apply, shall be applicable to the government 
and conducting of the Penitentiary hereby created. 

§ 13. [Term of Office— Vacancy — Salary.] The said Commis- 
sioners shall be appointed by the Governor, with the advice and con- 
sent of the Senate, and their term of office shall be six years; Provided, 
that the terms of office of the three first appointed shall be so arranged 
by lot that the term of one shall expire on the 30th day of December, 
A. D. 1878, and biennially thereafter the term of one of said commis- 
sioners shall expire. All vacancies created, as well as all vacancies 
occurring otherwise, shall be filled by the Governor, with the advice 
and consent of the Senate, but all appointments to fill vacancies occa- 
sioned by death, resignation or removal from office, shall be made for 
the residue only of such term or terms ; And provided also, That ap- 
pointments made when the Senate is not in session maybe confirmed 
at its next session. The commissioners appointed under this act 
shall be subject to removal by the Governor at his discretion, and the 
cause of such removal shall be reported by him to the next General 
Assembly. The salary of said commissioners shall be fifteen hundred 
dollars per annum and no more. 

§ 14, [Uniformity of Regulations.] In order that uniformity 
may prevail in the Penitentiary system of this State, all laws and 
regulations now in force, for the government and management of the 
Penitentiary at Joliet, shall hereby, so far as practicable, apply to the 
government and management of said "Illinois Southern Penitentiary." 

Approved May 24, 1877. 



FOR REFORM SCHOOL. 
'i 1. Appropriates $34,200 per annum and $2,467. | g 2. When and how drawn. 

An Act making appropri/:itions for the State Reform School at Pontlac. Aip- 
proved May 18, 1877- In force July 1, 1877. 

Section 1. [Appropriates $34,200 per Annum, and $2,467.] Be 
it enacted by the People of the State of Illinois, rejyr-esented in the Genercd As- 
sembly, That the following sums be, and are hereby appropriated to the 
State Reform School at Pontiac, for the jDurposes herein specified : 



APPROPRIATIONS. 



For ordinary expenses, thirty thousand dollars ($30,000) per annum, 
payable quarterly in advance, from the 1st of July, 1877, to the expi- 
ration of the first fiscal quarter after the adjournment of the next 
General Assembly. For additional building a re-appropriation of 
nine thousand dollars ($9,000) unexpended balance, and the further 
sum of five thousand five hundred dollars ($5,500) for said building, 
and five hundred dollars for furnishing and heating. 

For attorney's fees, printing briefs for Supreme Court, and expenses 
in suit vs. E. A. Clement, four hundred dollars (S400), to be taken 
from the dividend of the estate of Jonathan Duff (bankrupt). 

For replenishing library and furnishing papers, the sum of two hun- 
dred dollars ($200) per annum. 

For keeping roof in repairs, the unexpended balance of former ap- 
propriation, ten hundred sixty-seven dollars ($1,067). 

For improvements and repairs, two thousand dollars ($2,000) per 
annum. 

For repairing workshop, one thousand dollars ($1,000). 

§ 2. [When and How Drawn.] The Auditor of Public Accounts 
is hereby authorized and required to draw his warrant upon the 
Treasurer for the moneys herein appropriated, upon the order of the 
Board of Trustees, signed by the President and attested by the Secre- 
tary with the corporate seal of the institution: Provided, No install- 
ment of said appropriations shall be due or payable until the State 
Commissioners of Public Charities shall have certified to the Governor 
the accuracy of the statements and accompanying vouchers, which 
certificate shall be approved by the Governor and delivered to the 
Auditor of Public Accounts. 

Approved May 18, 1877. 



FOR ILLINOIS SOLDIERS' ORPHANS' HOME. 

g 1. Appropriates 1f45,000 per annum. \ 3. When and how drawn, 

g 2. Appropriates for repairs, furniture and 
boolcs. 

An Act to male Appropriations for the Illinois Soldiers^ Orphans^ Home 
and to maintain -^aid Institution for the next tivo years. Approved May 17, 
1877. In force July 1,1S77. 

Section 1. [Appropriates $45,000 per Annum.] Be it enacted by the 
People of the State of Illinois, represented in the General Assembly, That from 
and after the first day of July, A. D. 1877, until the expiration of the 
first fiscal quarter after the adjournment of the next regular session of 
the General Assembly, there is herebj^ appropriated to the Soldiers' 
Orphans' Home the sum of forty-five thousand dollars ($45,000) per 
annum, payable quarterly in advance, for the support, education, nur- 
ture and care of the children of deceased and disabled soldiers. 

§ 2. [Appropriates for Repairs, Furniture and Books.] And 
there is further appropriated, for the following purposes, viz : For 
repairs and improvements, fifteen hundred dollars ($1,500) per an- 
num ; for a new roof on main building, twelve hundred dollars 
($1,200) ; for the construction of new floors, one thousand dollars 



APPROPRIATIOXS. gy 



(61,000) ; for painting roof and cupola, two hundred and seventy-five 
dollars ($275) ; for painting, graining and varnishing in main build- 
ing and school house, twelve hundred dollars ($1,200); for calcimin- 
ing and Avhitewashing, four hundred dollars ($400) ; for plastering, 
four hundred dollars ($400) ; for additional furniture, one thousand 
five hundred dollars ($1,500) ; for library, school books and other read- 
ing matter, two hundred and fifty dollars ($2o0ji per annum. 

§ 3. [When and Hoav Drawn.] The Auditor of Public Accounts 
is hereby authorized and directed to draw his warrant upon the State 
Treasurer for the amounts herein appropriated, upon the order of the 
Board of Trustees, signed by the President, and attested b}^ the Secre- 
tary, with the seal of the Institution, subject to the provisions of sec- 
tions eighteen, (IS), nineteen (19) and twenty (20), of an Act to regu- 
late the State Institutions, etc, approved April 15, A. D. 1875. 

Approved Mav 17, 1877. 



FOR THE IMPROVEMENT OF OUTLET OF SPRING LAKE. 
I 1. Appropriates. {6,200. 

An Act to appropriate money for the improvement of an outlet from Spring 
LaJ:e to the Illinois River. Appjroved May 17 1877. In frrce July 1 1877. 

Section 1. [Appropriates $6,200.] Be it enacted by the People of 
the State of Illinois, representei in the General Assembly, That the sum of 
six thousand two hundred dollars ($6,200) from the net revenues of 
the Illinois and Michigan canal, of the year 1877, or as much thereof 
as may be necessary, shall be and the same is hereby appropriated to 
be expended by the Canal Commissioners in opening an outlet from 
Spring Lake to the Illinois river, above the lock and dam at Copperas 
Creek, in such manner as will afford a safe and convenient passage, 
for canal boats, or other water crafts of like size, to and from said lake 
into the Illinois river. 

Approved Mav 17, 1877. --- 



STATE GOVERNMENT. 

FOR incidental EXPENSES OF THE THIRTIETH GENERAL ASSEMBLY. 

i 1. Appropriates for incidental expenses I ? 2. 'WTien and how drawn, 
which have and will accrue. | § 3. Emergency Clause. 

An Act to provide for the payment of the incidental expenses of the Thirtieth 
General Assembly, which have accrued andvjill accrue jorior to July 1, 1877. 
Approved and in force April 27, 1877. 

Section 1. [Appropriated for Incidental Expenses.] Be it 
enacted by the People of the State of Illinois, represented in the General Assembly , 
That the sum of thirty thousand ($30,000) dollars, or so much thereof 
as may be necessary, be and the same is hereby appropriated for the 



33 approprtations. 



payment of the incidental expenses of the Thirtieth General Assem- 
bly, which have accrued or will accrue, prior to July 1st, 1877, includ- 
ing repairs, material, pay of extra janitors, policemen, laborers, furni- 
ture, and for such other incidental expenses as are not otherwise 
provided for. All bills of expense incurred by order of either branch 
of the General Assembly to be paid upon the certificate of the presid- 
ing officer of that branch of the General Assembly, for which the 
indebtedness was incurred, and also certified by the Secretary of State, 
and apioroved by the Governor. All other expenditures to be certi- 
fied by the Secretary of State, and approved by the Governor. 

§ 2. When and How Paid.] The Auditor of Public Accounts is 
hereby authorized and directed to draw his warrant on the State 
Treasurer for the sums herein specified, upon presentation of the proper 
vouchers, and the State Treasurer shall pay the same out of any funds 
in the Treasury, not otherwise appropriated. 

§ 3. [Emergency.] Whereas, the appropriation above recited is 
necessary for the transaction of business of this General Assembly, 
therefore an emergency exists, and this act shall take eftect and be in 
force from and after its jDassage. 

Approved April 27, 1877. 



FOR EXPENSES OF STATE GOVERNMENT, ETC. 

§ 1. Appropriations till 30th of June. I § 3. Emergency, 

g 2. When and how drawn. | 

An Act to 'provide for the necessary expenses of tlie State Government and the 
General Assembly, incurred, or to be incurred, and now unprovided for, 
until the 30th day of June, 1877. Approved and in force May 16, 1S77. 

Section 1. [Appropriates till June 30.] Be it enacted by the People 
of the State of Illinois, represented in the General Assembly, That the follow- 
ing appropriations, or so much thereof as may be necessary, be, and 
the same are hereby made to meet the necessary expenses of the 
State Government, and the General Assembly, incurred, or to be 
incurred, and now unprovided for, until the 30th day of June, 1877. 

First. The sum of ten thousand dollars for the payment of the 
interest on the public debt of the State, to be paid by the State Treas- 
urer as now provided by law. 

Second. The sum of three thousand dollars for the payment of the 
expenses of arresting and returning fugitives from justice, to be paid 
by the State Treasurer as now provided by law. 

Third. The sum of ten thousand dollars for the payment of the 
expenses of conveying convicts to the State Penitentiary, to be paid 
by the State Treasurer as now provided by law. 

Fourth. The sum of two hundred dollars for the payment in full of 
the last conti'act for the distribution of the Laws, Journals, etc., and 
two hundred dollars for the present contract in part payment of the 
same to be paid by the State Treasurer as now provided by law. 

Fifth. The sum of four hundred and thirty-five dollars for the pay- 



APPROPRIATIOKS. 39 



ment in full of the last contract for State binding, and one thousand 
dollars for the present contract, in part payment of the same, to l.)e 
paid by the State Treasurer, as now provided by law. 

Sixth. The sum of eighty-three and twelve one-hundredth dollars 
for the payment in full of the contract for copying the Laws, 
Journals, etc., of the Twenty-ninth General Assembly ; and three 
hundred dollars for the present contract, in part paj^ment of the same, 
to be paid by the State Treasurer, as noAv provided by law. 

Seventh. The sum of one thousand dollars for postage repairs, tele- 
graphing, and other incidental office expenses of the Secretary of 
State, to be paid by the State Treasurer, as now provided by law. 

Eighth. The sum of eight hundred dollars for repairs, telegraphing, 
jjostage, and other incidental expenses in office of the Attorney-Gen- 
eral, to be paid by the State Treasurer as now provided for. 

Ninth. The sum of two hundred dollars for incidental and office 
expenses of the Custodian United States Surveys, to be paid by the 
State Treasurer, as now provided by law. 

Tenth. The sum of one thousand dollars for postage, repairs, tele- 
graphing and other incidental expenses of the office of the Superin- 
tendent of Public Instruction, to be paid by the State Treasurer as 
now provided by law. 

Eleventh. The sum of five hundred dollars for the incidental office 
expenses of the State Treasurer, including repairs, postage, tele- 
graphing, to be paid by the State Treasurer, as now provided by law. 

Twelfth. The sum of eleven hundred dollars, being balance due to 
the members of the State Board of Equalization during their session 
of 1876, to be paid by the State Treasurer, as now provided by law. 

§ 2. [When and How Drawn.] The Auditor of Public Accounts 
is hereby authorized and directed to draw his warrant on the State 
Treasurer for the sums herein specified upon presentation of the 
proper vouchers, and the State Treasurer shall pay the same out of 
any funds in the Treasury not otherwise appropriated. 

§ 3. [Emergency.] Whereas, The appropriations above recited 
are necessary for the transaction of the business of the State and 
General Assembly ; therefore ; an emergency exists, and this act 
shall take effect and be in force from and after its passage. 

Approved May 16, 1877. 



TO PAY OFFICERS OF GENERAL ASSEMBLY, ETC. 
I 1. Appropriates 3700,000, etc. 

An Act maJcing an appropriation for the payment of the qfjicers and members 
of the next General Assembly, and for the salaries of the officers of the State 
Government. Approved May 22, 1877. In force July 1, 1877. 

Section 1. Be it enacted by the People of the State of Illinois, repjrc- 
sented in the Genercd Assembly, That there be, and is hereby appropri- 
ated, the sum of seven hundred thousand dollars ($700,000), or so 



40 APPROPRIATIOXS. 



much thereof as may be necessary, to pay the officers and members of 
the next General Assembly, and the salaries of the officers of the 
State Government, at such rate of compensation as is now, or here- 
after may be fixed by law, until the expiration of the first fiscal 
quarter after the adjournment of the next regular session of the Gen- 
eral Assembly. 

Approved Mav 22, 1877. 



FOR ORDINARY AND CONTINGENT EXPENSES OF THE GOVERNMENT. 

§1. Appropriates for ordiiiarj' and contingent I g 2. When and how drawn, 
expenses, etc. | 

An Act to 'provide for the ordinary and contingent expenses of the State 
Government until the expiration of the first fiscal quarter after the adjourn- 
ment of the next regxdar session of the General Assembly, and for the ^mr- 
pose of suspending the salaries of the State House Commissioners from July 
1st, A. D. 1877, until provision is made for finds to complete the State House 
building. Approved May 24, 1877. In force July 1, 1877. 

Section 1. [Appropriates for Ordinary and Contingent Expen- 
ses.] Be it enacted by the People of the State of Illinois, represented in the 
General Assembly, That the following named sums be and they are 
hereb}^ appropriated to meet the ordinary and contingent expenses 
of the State Government until the expiration of the first fiscal quar- 
ter after the adjournment of the next regular session of the General 
Assembly, 

First. A sum not exceeding three thousand dollars ($3,000) per 
annum, shall be subject to the order of the Governor for defraying all 
such public expenses of the State Government as are unforeseen by the 
General Assembly, and not otherwise provided for by law, payments 
to be made from time to time upon bills of particulars certified by the 
Governor. 

Second. The sum of throe thousand five hundred dollars ($3,500) 
per annum for clerk hire in the Governor's office, payable quarterly 
upon the Governor's order. 

Third. To the Governor's office for postage, express, telegraphing 
and other incidental office expenses, a sum not exceeding seven hun- 
dred and fifty dollars ($750), per annum, to be paid on bills of particu- 
lars, certified by the Governor. 

Fourth. To the Governor's office, for porter, six hundred dollars 
($600), per annum, payable quarterly, upon the order of the Governor. 
To the Governor, for repairs and care of executive mansion and 
grounds, and for no other purpose, thirty-five hundred dollars ($3,500), 
per annum, to be paid upon bills of particulars, certified to by the 
Governor. 

Fifth. To the Secretary of State, for clerk hire in his office, the sum 
of nine thousand and five hundred dollars ($9,500), per annum, paya- 
ble quarterly on his order. To the Secretary of State, for repairs, 
postage, expressage, telegraphing and other incidental expenses of the 



APPROPRIATIONS. 4J 



office, a sum not exceeding three thousand five hundred dollars 
($3,500), per annum, payable upon bills of particulars, certified by the 
Secretary of State and approved b}' the Governor. To the Secretary 
of State, for two porters, and messengers, the sum of eight hundred 
dollars ($800), each per annum, payable quarterly on his order; also, 
for continuing the work of indexing, classifying and arranging the 
files and records of the office of the State Department, the sum of three 
thousand dollars (S3, 000), per annum, payable on bills of particulars, 
certified by the Secretary of State and approved by the Governor. 

To the Secretary of State for advertising as provided by law, water 
rents and for all other expenses necessarily incurred by the Secretary 
of State in the discharge of the duties imposed upon him by law, and 
for which no other appropriations have been made the sum of nine- 
teen thousand dollars ($19,000), to be paid upon bills of particulars 
certified by the Secretarj^ of State and approved by the Governor. 

Sixth. To the Auditor of Public Accounts, for clerk hire, the sum 
of seven thousand five hundred dollars ($7,500), per annum, to be paid 
quarterly. 

To the Auditor of Public Accounts, for one porter and messenger, 
the sum of six hundred dollars ($600), per annum, payable quarterly 
on his order. 

To the office of the Auditor of Public Accounts, for repairs, postage, 
express charges, telegraphing and other necessary expenses incurred 
m the discharge of the duties thereof, a sum not exceeding fifteen 
hundred dollars ($1,500), per annum. 

Seventh. To the State Treasurer, for clerk hire the sum of three 
thousand dollars ($3,000) -per annum, payable quarterly on his order. 

To the office of the State Treasurer for repairs, express charges, 
postage, telegraphing and other necessary office expenses, a sum not 
exceeding one thousand dollars ($1,000), per annum, payable upon 
bills of particulars certified by him and approved by the Governor. 

To the State Treasurer the sum of twenty-seven hundred dollars 
($2,700) per annum, for two night and one day watchman, and the 
sum of eight hundred dollars ($800) per annum, for one porter, payable 
quarterly on his order. 

Eighth. To the Superintendent of Public Instruction, for clerk hire, 
the sum of two thousand seven hundred dollars ($2,700), per annum, 
and for a janitor, porter and messenger, who shall also perform the 
duties of clerk when not otherwise employed, the sum of eight 
hundred dollars ($800), per annum, payable quarterly on his order. 
To the Superintendent of Public Instruction for repairs, periodicals 
and educational works, and other necessary expenses of said office a 
sum not exceeding fifteen hundred dollars ($1,500) per annum, paya- 
ble oil bills of particulars, certified by him and approved by the 
Governor. Appropriations made by this clause to be paid out of the 
State School funds. 

Ninth. To the Attorney General for clerk hire the sum of twenty- 
five hundred dollars ($2,500) per annum, payable quarterly on his 
order. For porter and messenger for the Attorney General; the sum 
of six hundred dollars (6600) per annum, payable quarterly on his 
order. To the office of the Attorney General for telegraphing, postage 
and other necessary expenses of the Attorney General incurred in 



42 APPROPRIATIONS. 



the 4lischarg;e of the duties of his office, a sum not exceeding two 
thousand dollars ($2,000) per annum, payable on bills of particulars 
certified by him and approved by the Governor. 

Tenth. To the office of the Adjutant General, the sum of six hun- 
dred dollars ($600) per annum, for janitor and ordnance Sergeant to 
keep the State arms in order, payable on his order. Also, for tele- 
graphing, postage and office expenses, a sum not exceeding seven 
hundred dollars ($700), per annum. For repairs to arsenal buildings 

and payable on bills of particulars certified by the Adjutant 

General and approved by the Governor. 

Eleventh. To the custodian of field notes and survey's, for his office 
expenses, the sum of six hundred dollars ($600), per annum, payable on 
bills of particulars certified by him and approved by the Governor. 

Twelfth. To the Board of Public Charities, for expenses, including 
the salary of a secretary and clerk, a sum not exceeding five thousand 
and five hundred dollars ($5,500), per annum, payable quarterly on 
bills of particulars approved by the Governor. 

Thirteenth. A sum not exceeding two thousand dollars ($2,000), per 
annum, for costs and expenses on State suits, to be paid on bills of 
particulars certified by the Auditor and approved by the Governor. 

Fourteenth. A sum not exceeding ten thousand dollars ($10,000) per 
annum, or so much thereof as may be needed, for the apprehension 
and delivery of fugitives from justice, to be paid on the evidence re- 
quired by law, certified to and approved by the Governor. 

Fifteenth. The sum of twenty-five thousand dollars ($25,000), per 
annum, or so much thereof as may be needed, for conveying convicts 
to the Penitentiary, to be paid on the Warden's certificate, at the com- 
pensation fixed by the general law, the Auditor to compute the dis- 
tance by the nearest railroad route. 

Sixteenth. The sum of three thousand dollars ($3,000), per annum, 
or so much thereof as may be needed, for con ve3'ing juvenile offenders 
to the Reform School at Pontiac, on the certificate of delivery at the 
rate of compensation allowed by law, the Auditor to com23ute the dis- 
tance by the nearest railroad route. 

Seventeenth. For printing paper and for stationery for the use of the 
General Assembly and executive departments, purchased on contracts 
as required by law, payable on delivery thereof, on bills of particulars 
certified to by the board of commissioners of State contracts, and ap- 
proved by the Governor, the sum of fifteen thousand dollars ($15,000), 
or so much thereof as may be necessary, pa3^able out of the levy of 
1876, and twenty thousand dollars ($20,000), pavable out of the levy 
of 1877. 

Eighteenth. There is hereby appropriated to defray the incidental 
and contingent expenses of the Supreme Court, to wit : For station- 
ery, repairs, furniture, express, books and other expenses d'eemed 
necessary by the court, the following sums : To the Northern Grand 
Division, the sum of three thousand dollars ($3,000) per annum; to 
the Central Grand Division the sum of two thousand dollars ($2,000) 
per annum ; to the Southern Grand Division the sum of one thousand 
five hundred dollars ($1,500), per annum, the same to be paid upon 
bills of particulars certified to by at least two of the justices of said 
court. The sum of three hundred dollars ($300) per annum to North- 



APPROPRIATIOXS. 45 



ern and Southern Grand Division, and the sum of seven hundred and 
fifty dollars ($750) to the Central Grand Division of said court for 
salary of librarian, said librarian of the Central Grand Division to be 
appointed by the Judges of the Supreme Court, and care of library, 
payable quarterly on the certificate of at least two of the justices of 
said court. The sum of three hundred dollars ($300) per annum to 
the Northern and Southern Grand Divisions of said court, and for the 
Central Grand Division of said court, the sum of six hundred dollars 
($600) for the pay of janitors to perform such duties as shall be deter- 
mined by said justices, to be paid quarterly on the order of at least 
two of the justices of said court. 

Ninete&nth. For public printing, eighteen thousand dollars (S18,C0]'), 
or so much thereof as may be required. For public binding, five 
thousand dollars (So,000), per annum, or as much thereof as may be 
required. The public printing and binding to be paid for according 
to the contract upon the order of the Board of Commissioners of State 
contracts, aj)proved by the 'Governor. 

Tiventieth. The sum of fifty-seven thousand dollars ($57,000), or so 
much thereof as may be necessary to pay the interest on the school 
fund, distributed annually in pursuance of law, the amount appro- 
priated under this clause to be paid out of the Illinois Central Rail- 
road fund. 

Ticenty-Jirst. The sum of one million dollars, ($1,000,000), annually 
out of the State school fund to pay the amount of the Auditor's 
orders, and for distribution of said fund to the several counties. 
The Auditor shall issue his warrants on the proper evidence that the 
amount distributed has been paid to the county school superinten- 
dents. 

Twenty-second. Such sums as may be necessary, not to exceed 
twenty thousand dollars ($20,000), to refund the taxes on real estate 
sold or paid in error and for over payments of collector's accounts, 
under laws governing such cases, to be paid out of the proper funds. 

Tifenty-tldrd. That for laborers, janitors and watchmen of the State 
House, who shall perform such duties as shall be assigned to them by 
the Secretary of State, the sum of four thousand dollars ($4,000) j^er 
annum, payable quarterly, upon the order of said Secretary of State. 

Twerdy-jourth. The sum of eighty-six thousand dollars ($86,000) 
per annum, or so much thereof as may be needed, to pay the interest 
on the bonded debt of the State, to be paid on the certified account of 
the State Treasurer, approved b}^ the Governor. The amount appro- 
priated by this clause to be paid out of the Illinois Central railroad 
fund. 

Twenty-fifth. To the railroad and warehouse commissioners, for the 
incidental expenses of their office, including care, stationery, postage 
and telegraphing expenses, extra clerk hire, the fees of experts em- 
ployed, and for the Secretary's salary, and for all necessary expendi- 
tures except these hereinafter provided for, a sum not to exceed four 
thousand dollars ($4,000) per annum. For expenses incurred in suit 
or investigations commenced by the authority of the State under any 
law now in force or hereafter to be enacted, empowering or instructing 
the Board of Commissioners, the sum of five thousand dollars ($5,- 
000) per annum, or such part thereof as may be needed for such pur- 



44 



APPROPRIATIONS. 



pose ; the appropriations made by this clause to be paid upon de- 
tailed statements filed with the Auditor, bearing the order of the 
board and the approval of the Governor. 

Twenty-sixth. To the employees of the next General Assembly, a sum 
not to exceed fifty thousand dollars ($50,000) to pay the compensa- 
tion allowed them by law, to be paid on pay-rolls certified by the pre- 
siding officers of the respective houses. 

Twenty-seventh. The sum of three thousand dollars ($3,000) per 
annum for rewards for arrest of fugitives from justice, to be paid upon 
bills of particulars, having the order of the Governor indorsed thereon. 

Twenty-eighth. For copying the laws, journals and joint resolutions 
of the General Assembly, as provided by law, twelve hundred dollars 
($1,200) ; for distribution of the laws, journals and other State docu- 
ments and incidental expenses connected therewith the sum of one 
thousand dollars ($1,000.) 

Twenty-ninth. For heating, fuel, engineers and firemen of the State 
House, the sum of ten thousand dollars ($10,000) per annum, or so 
much thereof as may be necessary ; for lighting the State House, the 
sum of three thousand five hundred dollars ($3,500) per annum, or 
so much thereof as may be necessary, to be paid upon bills of particu- 
lars, certified by the Secretary of State and approved by the Governor. 

Thirtieth. The sum of five thousand dollars ($5,000), or so much 
thereof as may be needed, to pay the necessary expenses of the 
different standing and special committees of the two houses, their ex- 
perts, witnesses and clerks, of the thirtieth (30th) General Assembly, 
payable on the certificates of the chairman of the respective commit- 
tees, approved by the presiding officers of the respective houses. 

Thirty-first. To State Board of Equalization, for paying expenses, a 
sum not to exceed ten thousand dollars ($10,000) per annum, paya- 
ble in the manner provided by law. 

Thirty-second. The sum of five hundred dollars ($500), or so much 
thereof as maybe needed to purchase a portrait of Ex-Governor John L. 
Beveridge, to be hung in the executive mansion, as provided by joint 
resolution of the two houses. The sum of eighteen hundred and nine- 
ty-seven dollars and fifty cents ($1,897.50) to A. H. Worthen, as State 
Geologist, for superintending the publication of volume six (6) of the 
Geological Survey and the State maps accompanying the same, from 
July 1st, 1875, to March 31st, 1876, and for office expenses during such 
time. 

Thirty-third. The sura of three thousand dollars ($3,000) to the 
Auditor of Public Accounts for the purpose of copying, comparing and 
transcribing the original entries of lands in this State. 

Thirty-fourth. The sum of one thousand dollars ($1,000) to defray 
the expenses of the Commissioner to attend the International Con- 
gress at Stockholm, to be paid upon the order of the Commissioner, 
approved by the Governor. 

Thirty-fifth. The sum of one thousand dollars ($1,000) -pev annum, 
for the purchase of books for the State Penitentiary library at Joliet, 
to be paid upon bills of particulars having the order of the Governor 
endorsed thereon. 

Thirty-sixth. The sum of dollars ($ ) is hereby ap- 

propriated to be paid out of the treasury on the order of the Fish Com- 



APPROPRIATIONS. 45 



missioners, to be incurred in carrying out the provisions of the act 
entitled " An act for the Propagation of Fish." 

Thirty-seventh. Such sura as may be necessary to enable the Secre- 
tary of State to purchase such volumes of the reports of the decisions 
of the Supreme Court as he is or may be by law required to purchase, 
to be paid on bills certified by the Secretary of State and approved by 
the Governor. To the State House Commissioners, the sum of twenty- 
eight thousand and four hundred dollars ($28,400), being the amount 
heretofore expended out of the State House funds for purposes not 
properly chargeable to said funds, in addition to the unexpended bal- 
ance of the appropriation heretofore made for the new State House, 
which balance is hereby re-appropriated to be expended under their 
direction, and payable as heretofore on their certificate, with the ap- 
proval of the Governor, for the covering in and protection of the up- 
j)er dome, and in fitting up the Law Library of the Supreme Court, the 
Agricultural, Geological and Natural History Museums, and for such 
other work as they may deem necessary, and for the protection of the 
building : Provided, That no portion of the moneys herein appropria- 
ted shall be paid to the architect as commissions on expenditures : And 
provided further, That no portion thereof shall be paid to the State House 
Commissioners for their services, and that their salaries shall be and are 
hereby suspended, and that they receive no further compensation for 
their services from and after the first day of July, 1877, until provi- 
sion is made for funds to complete the building in the manner provid- 
ed in article four (4), section thirty-three (33), of the Constitution of 
the State. The amount of the Illinois Central Railroad fund remaining 
in the State Treasury after the payment of the January, 1878, interest 
on the State Debt, is hereb}^ appropriated for the pa3uiient of the prin- 
cipal of such State bonds redeemable at the pleasure of the State after 
1877, as may be called in by iDroclamatiou of the Governor ; and the 
Auditor shall issue his warrant upon the proper evidence of the sur- 
render of the bonds aj^proved by the Governor. 

§ 2. [When and How Drawn.] The Auditor of Public Accounts 
is hereby authorized and directed to draw his warrants on the State 
Treasurer for the sums herein specified upon presentation of the 
proper vouchers, and the State Treasurer shall pay the same out of the 
proper funds in the Treasury not otherwise appropriated. The said 
warrants shall be drawn in favor and payable to the order of the per- 
sons entitled thereto. 

Approved May 24, 1877. 



46 



APPROPPJATIONS. 



STATE HOUSE. 



FOR COMPLETION AND FURNISHIXG STATE HOUSE. 

jj 1. Conditional appropriation. [ ^ 4. Who to canvass — Money how drawn. 

i 2. Manner of submitting question. f 5. Submitting question again. 

'i 3. Canvass and return of votes. I i 6. Salaries suspended. 

An Act to provide means for the cotapletion, and furnishing the State House, 
and for the iviprovement of the Grounds, and to suspend the pay meat of the 
salaries of the State House Commissioners; to provide for the safe-keeping 
of the records of their office, and to regulate the pay and employment of em- 
ployes by such Commjissioners. Approved May 18, 1877. In force July 1, 
1877. 

Section 1. [Conditional Appropriation.] Be it enacted by the 
People of the State of Illinois, represented in the General Assembly, That the 
sum of five hundred and thirty-one thousand seven hundred and 
tv^elve dollars and eighteen cents ($531,712.18) be, and the same is 
hereby appropriated for the completion, and furnishing of the State 
House, and for the improvement of the grounds ; payable as herein- 
after provided out of any moneys in the treasury not otherwise 
appropriated : Provided, That a majority of all the votes cast at the 
next general election, as hereinafter provided, shall be in favor of such 
appropriation. 

§ 2. [Matter of Submitting; Question.] At the next general 
election to be held in this State on the first Tuesday after the first 
Monday in November, A. D. 1877, the question shall be subrriitted to 
the legal voters of this State whether or not they are in favor of the 
appropriation, as provided in section one (1) of this act. In the 
notices for election required to be furnished by the county clerk 
in section 46, chapter 46, Elections, of the Revised Statutes 
of 1874, in addition to the several offices to be filled he will also 
insert the words, " Also to vote for the appropriation for the 
State House, or against the appropriation for the State House." Those 
in favor of sucli appropriation shall have written or printed, or partly 
Avritten and partly printed on their ballots : -'For the $531,712.18 
appropriation;" those opposed, "Against the $531,712.18 appropria- 
tion." 

§ 3. Canvass and Return op Yotes.] It shall be the duty of the 
judges of election, in making a canvass and return of the votes cast 
at such election to the county clerk, in addition to the returns for the 
several officers voted for, to certify to the whole number of votes cast 
in such election precinct or district at said election ; also to certify to 
the whole number of votes cast in favor of such appropriation, which 
returns when so made to the county clerk shall be abstracted by the 
pi'oper officers, and forwarded directed to the Secretary of State, within 
the time and in the man[ner] as now required by law, in the case of 
votes cast for Representatives to the General Assembly. 

§ 4. [Wpio to Canvass — Money How Drawn.] The Secretary of 
State, Auditor, Treasurer and Attorney-General, or any two of them, 
in the presence of the Governor, shall, as required by section 



COXDITIONAL APPROPRIATION 47 



78, chapter 46, aforesaid, proceed to canvass the votes cast for 
such appropriation, and shall certify the result of such canvass 
to the Governor, who shall within five days thereafter cause 
proclamation of such result to be made ; and if it shall appear from 
such proclamation that a majority of all the votes cast at such elec- 
tion were in favor of such appropriation, the same shall take imme- 
diate effect, and be in force from and after the date of such proclama- 
tion, and payable as folloAvs : Two hundred thousand dollars ($2CX),- 
000) thereof immediately thereafter, out of any unexpended balances 
in the Treasury, and the remaining three hundred and thirty-one 
thousand seven hundred and twelve dollars and eighteen cents 
(•$331,712.18), or so much thereof as may be necessary, shall be paya- 
ble at such time or times as may hereafter be provided by the General 
Assembly, and the Auditor of Public Accounts will thereupon draw 
his warrants on the treasury, payable out of such appropriation, on 
the accounts of expenditure as heretofore, when duly certified to by 
the State House Commissioners, or a majority of them, and approved 
b}^ the Governor. 

§ 5. [Submitting Question Again.] In case that a majority of all 
the voters voting at such election do not vote in favor of the appro- 
priation, the same question may again be submitted to the legal 
voters at any subsequent general election, on the proclamation of the 
Governor or the notices to be given, and result obtained in the same 
manner as hereinbefore provided. 

§ 6. [Salaries Suspended.] That the salaries of the State House 
Commissioners are hereby suspended, and that they receive no further 
compensation as such Commissioners from and after the first (1st) 
day of June, A. D. 1877, until further provision is made for funds to 
proceed with the work on the new State House ; and that during such 
suspension of payment, all the books and papers pertaining to iheir 
work, in their possession, be placed for safe keeping in charge of the 
Secretary of State ; and that during such suspension of payment, said 
Commissioners shall not employ nor pay any architect or clerk. 

Approved May 18, 1877. 



STATE HOUSE GROUNDS. 



TO PURCHASE FOUR ACRES SOUTH OF STATE HOUSE. 



3 '1. 



Duty of Secretary to make demand— No- 
tice to obligore. 
If not procured to be condemned. 



? 3. Report— Condemnation— Title. 

^ 4. Payment of Condemnation Money. 

'i 5. Suit ou bond. 



An Act to secure to the State of Illinois four acres of additional firoirnds 
lying south of and adjoining the new Capitol grounds. Approved May '21, 
1877. Inforce July 1,1877. 

Whereas, By an Act entitled "An Act to make further appropria- 
tions for the construction of the new State House," approved June 14, 
1871, the sum of five hundred thousand dollars ($500,000) was appro- 



CONDITIONAL APPROPRIATION. 



priatecl for that purpose ; and whereas, it was also provided by said 
act that no part of said appropriation should be paid out of the State 
treasury until there should be filed with the Secretary of State a good 
and sufficient bond of individuals in favor of the people of the State of 
Illinois, in the penal sum of five hundred thousand dollars 
($500,000) to be approved by the Governor of the State of Illinois, 
conditioned that the obligors would procure or cause to be ob- 
tained for the State of Illinois such additional grounds as the State 
might indicate and require whenever so demanded, not exceeding four 
acres to the south of and adjoining the new Capitol grounds, free of 
cost to the State ; or in case said grounds could not be furnished by 
said individuals, or they should refuse to do so, then the State might 
proceed to condemn such grounds as it might require for the purpose 
of enlarging said Capitol grounds; and the amount assessed for the 
same under such condemnation should be paid by the obligors of said 
bond ; and, whereas, it is further provided by said act that the demand 
by the State for such additional grounds, and the condemnation, if ne- 
cessary, shall be made within two years after the new State House 
is ready for the use of the two houses of the General Assembly ; and, 
whereas, the bond by said act required Avas, on the 8th day of August, 
1871, filed in the office of the Secretary of State, and approved by the 
Governor of the State of Illinois ; and, whereas, said new State House 
is now ready for the use of the two houses of the General Assembly, 
therefore 

Section 1, [Duty of Secretary to Make Demand — Notice to 
Obligors.] Be it enacted by the People of the State of Illinois, repirsented in 
the General Assembly, That the Secretary of State is hereby authorized 
and required to immediately ascertain and indicate four acres of such 
additional grounds, lying to the south of, and adjoining the new Capitol 
grounds, or so much thereof as the State ma}^ require, for the purpose 
of enlarging said Capitol grounds, and as soon as said lands are so ascer- 
tained and indicated, it shall be the duty of the Secretary of State, 
within sixty days after said additional grounds are so ascertained and 
indicated, to make out and deliver to each and every of said obligors, 
a demand in writing, which said demand in writing shall contain and 
set forth an accurate description of the lands so ascertained and re- 
quired, and shall contain a notification to, and a demand of said 
obligors, to procure and furnish to the State of Illinois, free of cost to 
said State, within four months after such demand, the lands so as- 
certained and indicated, and in said demand in writing described. 
In case any of said obligors shall be absent from their usual place of 
abode, then said demand may be served and made upon such absent 
obligor or obligors, by leaving a duplicate copy of said demand at the 
usual place of abode of each of said absent obligors, with a member of 
the family, above the age of ten 3'ears ; and in case any of said obligors 
shall be non-residents of this State, then said Secretary of State shall 
publish such demand in a newspaper published in the city of Spring- 
field, county of Sangamon and State of Illinois, once each week for 
three successive weeks, and shall also within ten da3^s after the first 
publication of said demand send a copy thereof by mail, addressed to 
such non-resident obligor or obligors, if his or their postoffice is known 
to him; and as to such non-resiclent obligors such publication shall 



CONDITIONAL APPROPRIATION. 



49 



be deemed a sufficient demand within the meaning of this act, and of 
the said act approved June 14, 1871. 

§ 2. [If NOT Procured to be Condemned.] In case said obligors 
shall not, within four months after such demand, procure, or cause to 
be obtained, for the use of the State ©f Illinois, the grounds so ascer- 
tained free of cost to the State, then the Governor of the State of Illi- 
nois shall, on the application of the Attorney General of the State, 
appoint three reputable and disinterested freeholders, citizens of the 
State of Illinois, commissioners to condemn said ground for the use of 
the State, and to ascertain and report the compensation to be made 
to the owner or owners of said grounds therefor, and for such damages 
as ma}^ be occasioned by the condemnation and taking of said grounds 
by the State, to other lands of said owners adjoining thereto, and that 
before proceeding to make said condemnation said commissioners shall 
take the oath prescribed in section eight of an act entitled " An act to 
provide for the exercise of the right of eminent domain," approved 
April 10, .1872. 

§ 3. [Report — Condemnation — Title.] After making such con- 
demnation said commissioners shall make a report in writing of their 
proceedings therein describing the lands so condemned by them, and 
the amount or amounts of the compensation by them ascertained and 
to be made to the owner or owners of said lands, respectively, and shall 
subscribe and file the same in the office of the Secretary of State, and 
thereupon the title to the said lands shall vest and be in the State of 
Illinois. 

§ 4. Payment of Condemnation Money.] Upon the filing of said 
report in the office of said Secretary of State, he shall make out and 
file a certified copy thereof with the Auditor of Public Accounts of 
this State, who shall, thereupon, draw his warrant or warrants upon 
the Treasurer of this State in favor of the owner or owners of the lands 
so condemned, and said Treasurer shall, upon presentation by such 
owner or owners, respectively, of said warrants, pay to said owner or 
owners the amount or amounts so reported to be due him or them, 
respectivel}', out of any moneys in said treasury appropriated for 
State House purposes. 

§ 5. [Suit on Bond.] In case the condemnation of said lands shall 
be necessary, and the obligors in said bonds shall not within thirty 
days after the report of said condemnation shall be filed with the Sec- 
retary of State, pay to the Treasurer of this State the total sum so re- 
ported by said commissioners as compensation for the lands so con- 
demned and taken or damaged together with all costs and charges of 
said condemnation, it shall be the duty of the Attorney General of 
this State, and he is hereby required, to institute suit on said bond 
and collect from the obligors thereof, the aggregate amount of the 
compensation so awarded, to the owner or owners of said land, and 
the costs and charges of said condemnation ; and upon making such 
collection he shall pay the same into the State Treasury. 

Approved May 21, 1877. 
—4 



50 



CONDITIONAL APPROPRIATION 



TO REIMBURSE WILLIA^NISON AND JACKSON COUNTIES. 



1. Appropriates 37,296. 

2. Appropriates $3,550. 

3. Appropriates $800. 



g 4. Appropriates :?2, 942. 
'<> 5. Wneii and how drawn. 



An Act to reimburse the counties of WilUamwn and Jackson for amounts 
expended by said counties in suppressing an insurrection against the laws 
of this State, knoivn as the Williamson County Vendetta. Approved May 
18, 1877. In force My 1, 1877. 

Section 1. [Appropriates $7,296.] Be it enacted by the People of the 
State of Illinois, represented in the General Assembly. That the sum 
of seven thousand two hundred and ninety-six dollars ($7,296) be and 
the same is hereb}^ appropriated to reimburse the county of William- 
son, for that amount of money, advanced and paid by said county, as 
rewards for the apprehension and delivery to the Sheriff of said county 
of Marshall Grain, William J. Grain, Samuel Music and James Norris, 
and for the hire of guards to guard the jail of said county during the 
confinement therein of the persons above named together with one 
Black Bill Grain. 

§ 2. [Appropriates $3,550.] That the sum of three thousand five 
hundred and hfty dollars ($3,550) be and the same is hereby appro- 
priated to reimburse the said county of Williamson for attorney's fees 
paid by said county in the ijrosecution and conviction of the parties 
hereinbefore named. 

g 3. [Appropriates $800.] That the sum of three hundred dollars 
($300) be, and the same is hereby appropriated to James W. Landrum 
for time and money by him expended in organizing militia companies 
to preserve the peace, and protect the lives of the citizens of Williamson 
county. That the sum of five hundred dollars ($500) be and the same 
is hereby appropriated to Daniel H. Brush for money by him expended 
as a reward oiiered by him, the said Daniel H. Brush, for the purpose 
of bringing murderers to justice and thereby protecting the lives of 
citizens of Williamson and Jackson counties. 

§ 4. [Appropriates $2,942.] That the sum of two thousand nine 
hundred and forty-two dollars ($2,942) be and the same is hereby ap- 
propriated to reimburse the county of Jackson for that amount of 
money advanced and paid by said county as rewards for the apprehen- 
sion and delivery to the Sheriff of said Jackson Gounty of John Bulli- 
ner and Allen Baker, and for the hire of guards to guard the jail of 
said county during the confinement therein of said Bulliner and Baker, 
and for attorney's fees paid by said county of .Jackson in the prosecu- 
tion and conviction of said Bulliner and Baker. 

§ 5. [When and How Draw^n.] That the Auditor of Public Ac- 
counts is hereb}^ authorized and directed to draw his warrant, payable 
to the Treasurer of Williamson county, for the aforesaid sums men- 
tioned in sections one (1) and two (2), amounting to ten thousand 
eight hundred and forty-six dollars ($10,846), and also his warrant, 
payable to James W. Landrum for the sum of three hundred dollars 
($300), mentioned in section four (4) of this act, and also his warrant, 
payable to the Treasurer of Jackson county, for two thousand nine 
hundred and forty-two dollars ( $2,942.) 

Appeoved Mav IS, 1877. 



CEMETERIES. 5]^ 



CEMETERIES. 



l 1. Power of city or village to establish. 

An Act to amend an act entitled " An act to enable cities and villages to es- 
tablish and regidate cemeteries.''^ Approved March 24:th, 1874. Apprroved 
May 25, 1877. In force July 1, 1877. 

Section 1. Be it enacted by the Peopjh of the State of Illinois, represented 
in the General Assembly, That section one of an act, entitled "An 
act, to enable cities and villages to establish and regulate cemeteries," 
approved March 24th, 1874, be, and the same is, so amended, as to read 
as follows : 

"§ 1. [Power or City OR Village TO ESTABLISH.] That any city, 
village, or township in this State, may establish and maintain ceme- 
teries within and without its corporate limits, and acquire lands 
therefor, by purchase, condemnation, or otherwise ; and may layout 
lots of convenient size for families ; and may sell lots for family bury- 
ing ground, or to individuals for burial purposes." 

Approved May 25, 1877. 



CHARITABLE INSTITUTIONS. 



ADMISSION OF PATIENTS INTO THE HOSPITALS FOR THE INSANE. 

3 1. State Divided into Districts. | § 4. ^^Tien County fails to Settle. 

§2. Number of Patients to each County. §5. Repeal, 

g 3. Settiement every Three Months. | 

An Act to secure equality among the counties in the matter of the admission 
of patients into the State Hospitcds for the Insane, and to p)rovide for settle- 
ment with such hosjntals by the counties. Appjroved May 25, 1877. In 
Jorce July 1, 1877. 

Section 1. [State Divided into Districts.] Be it enacted by the 
People of the State of Illinois, reptresented in the Genercd Assembly, That 
from and after the date of the opening of the south wing of the Illi- 
nois Southern Hospital for the Insane, at Anna, the State shall be 
divided into three districts, for the purpose of regulating the admis- 
sion of patients to the State hospitals for the insane, as follows : 

The Illinois Northern Hospital for the Insane, at Elgin, shall be set 
apart for the accommodation and care of the insane of the counties of 
Jo Daviess, Stephenson, Winnebago, Boone, McHenry. Lake, Cook, 
DuPage, Kendall, Kane, DeKalb, Ogle, Carroll, Whiteside, Lee, La- 
Salle, Grundy, Will, Bureau and Kankakee. The Illinois Central 
Hospital for the Insane at Jacksonville, shall be set apart for the in- 
sane of the counties of Adams, Brown, Cass, Calhoun, Christian, De- 
Witt, Edgar, Ford, Fulton, Greene, Hancock, Henderson, Henry, 
Iroquois, Jersey, Knox, Livingston, Logan, Mason, Macon, Marshall, 



52 



CHARITABLE INSTITUTIONS. 



Macoupin, Menard, Mercer, McLean, McDonough, Montgomeiy, Mor- 
gan, Peoria, Pike, Piatt, Putnam, Sangamon, Scott, Schuyler, Stark,. 
Tazewell, Warren, Woodford and Rock Island. 

The Illinois Southern Hospital for the Insane at Anna, shall be set 
apart for the insane of the counties of Alexander, Pulaski, Pope, Mas- 
sac, Johnson, Union, Hardin, Gallatin, Saline, Williamson, Jackson, 
Randolph, Perry, Franklin, Hamilton, White, Wabash, Edwards, 
Wayne, Jefferson, Washington, St. Clair, Monroe, Madison, Clinton, 
Marion, Clay, Richland, Lawrence, Crawford, Jasper, Effingham, Fay- 
ette, Bond, Clark, Champaign, Coles, Douglass, Moultrie, Shelby, Ver- 
milion and Cumberland, 

§ 2. [Number of Patients to Each County.] Each of the coun- 
ties of this State shall hereafter be entitled to have and keep in the 
hospital at all times a number of patients jDroportioned to its popula- 
tion ; the ratio of one patient to every two thousand of the population 
of said county, as shown by the census of 1870, as per the following 
schedule : 



County. 

Adams 

Alexander 

Bond 


No. of Patients. 

28 

5 

7 

6 

6 

16 


County. 

Lee 

Livingston 

Losran 


No. of Patients. 

.' 14 

16 

12 


Boone 

Brown 


Macon 

Macoupin 


18 

16 


Bureau 


Madison 

Marion 

Marshall 


22 


Calhoun 

Carroll 


3 

8 

6 


10 

8 


Cass 


Mason 

Massac 

McDonough 

McHenry 

McLean". 

Menard 

Mercer 


8 


Champaign 


16 


5 


Christian 

Clark 

Clay 

Clinton 


10 

9 

8 

8 


13 

12 

27 

6 


Coles 


13 

175 

7 

6 

12 


9 


Cook 


Monroe 


6 


Crawford 


Montgomerv 


13 


Cumberland . . 


Morgan 


14 


DeKalb 


Moultrie 


5 


De AVitt 


7 


Ogle 

Peoria 

Perrv 

Piatt 

Pike 


14 


Douglas 

DuPage 


^7 
/ 

8 


24 

7 


Edsrar 


11 


5 


Edwards 


4 

8 


15 


Effingham 


Pope 

Pulaski 

Putnam 


6 


Favette 


10 


4 


Ford 


5 

6 

19 

6 


3 


Franklin 

Fulton 

Gallatin 


Randolph 

Richland 

Rock Island 


10 

6 

15 


Greene 


10 


Saline ., 


6 


Grundv 


7 

7 

18 


Sangamon 


23 


Hamilton 

Hancock 


Schujder 

Scott 


9 

5 



CITIES, VILLAGES AXD TOWNS. 



53 



County. 

Hardin 

Henderson . 

Henry 

Iroquois 

Jackson 

Jasper 

Jefferson . . . . 

Jersey 

Jo Daviess. 

Johnson 

Kane 

Kankakee .. 

Kendall 

Knox 

Lake 

LaSalle 

Lawrence .. 



No. of Patients. 



6 
18 
13 
10 

6 

9 

8 
14 

6 
20 
12 

6 
20 
11 
CO 

6 



County. 

Shelby 

Stark 

St. Clair 

Stephenson . 

Tazewell 

Union 

Vermilion ... 

Wabash 

Warren 

Washington 

Wayne 

White 

Whiteside ... 

Will 

Williamson.. 
Winnebago . 
Woodford .... 



No. of Patients. 
\ 13 



26 
15 
14 

8 
15 

4 
12 

9 
10 

8 

14 
22 

9 
15 

9 



1,2( 



§ s. [Settlement Every Three Months.] The County Board, or 
Board of Supervisors, as the case may be, of all counties from which 
there are, or hereafter may be patients committed as paupers to either 
of the State Hospitals for the Insane, is hereby directed and required 
to make settlement in full as often as once in every three months for 
all just charges for clothing, and to pay the amount due said hospitals 
in money. 

§ 4. [When County' Fails to Settle.] In case any county shall 
fail, and refuse for a period of six months, to make settlement as re- 
quired in the preceding section, the officers of the Hospital are hereby 
authorized, at their discretion to discharge all such patients from 
such county, and return them to the county authorities at the expense 
of such county. 

§ 5. [Repeal.] All acts and parts of acts inconsistent herewith 
are hereby repealed. 

Approved May 25, 1877. 



CITIES, VILLAGES AND TOWNS. 



OF THE ORGANIZATION OF CITIES. 
'i 1. How Towns may become Cities. 

An Act to amend an act entitled ^^ An act to provide for the incorporation of 
Cities and Villages,'''' app^^oved Ajrril 10, 1872, apiirroved. May 25, 187". 
In force My 1, 1877. 

Section 1. Be it enacted by the People of the State of Illinois, represented 
in the General Assembly, That section four (4) of article one (1) of an 
act entitled " An act to provide for the incorporation of Cities and 
Villages," approved April 10, 1872, be amended so as to read as fol- 
lows : 



54 CITIES, VILLAGES AND TOWNS. 



"§ 4. [How Towns may become Cities.] Any incorporated town 
or village, in this State, having a population of not less than one 
thousand (1,000) inhabitants, may become incorporated as a city in 
like manner as hereinbefore provided; but in all such cases the president 
and trustees of such town or village shall, respectively, perform the 
same duties relative to- such change of organization as is above re- 
quired to be performed by the Mayor and Council of Cities. 

Approved May 25, 1877. 



ELECTION OF CITY OFFICERS. 
I 1. Annual election. | § 2. Emergency. 

An Act to amend section one of article four of an act entitled " An act to 
jjrovide for the incorporation of cities and villages,'" approved Aj^ril 10, 1872. 
Approved and in force March 9, 1877. 

Section 1. Be it enacted by the People of the State of Illinois, represented 
in the General Assembly, That section one of article four of an act en- 
titled " An act to provide for the incorporation of cities and villages," 
approved April 10, 1872, be and the same is hereby amended, so that 
hereafter it shall read as follows : 

" § 1. [Annual Election.] A general election for city officers 
shall be held on the third Tuesday of April, of each year: Provided, 
That in cities which include wholly within their corporate limits a 
town or towns, such elections shall be held on the first Tuesday of 
April. 

"§ 2. [Emergency.] Whereas an emergency exists by means of 
the happening of town elections in April, 1877, this act shall take ef- 
fect and be in force from and after its passage." 

Approved March 9, 1877. 



ELECTION OF MAYOR, CITY CLERK, ATTORNEY AND TREASURER. 

§ 1. Election of Mayor, City Clerk, Attorney | l 2. Emergency, 
and Treasurer. " | 

An Act to amend an act entitled " An act to provide for the incorporalion of 
cities and villages.''^ Approved April 10, 1872. In force July 1, 1872. 
Approved and in force March 26, 1877. 

Section 1. Be it enacted by the People of the State of 'Illinois, represent- 
ed in the General Assembly, That section two (2), article four (4), of an 
act of the General Assembly of Illinois, entitled " An act to provide 
for the incorporation of cities and villages," approved April 10, 1872, 
in force July 1, 1872, be and the same is hereby amended so that it 
shall read as follows : 

" § 2. [Election op Mayor, City Clerk, Attorney and Treas- 
urer.] At the general election held in 1877, and biennially thereafter, 
a Mayor, a City Clerk, a City Attorney, and a City Treasurer shall be 
elected in each city : Provided, That no person shall be elected to the 
office of City Treasurer for two terms in succession." 



CITIES, VILLAGES AKD TOWNS, 55 



§ 2. [Emergexcy.] Whereas, an emergency exists, which makes 
it necessary that this act shall take effect on or before the third Tues- 
day of April, A. D. 1877, therefore this act shall be in force from and 
after its passage. 

Approved March 26, 1877. 



? 1. Repeals the aot incorporating Macedonia. 

An Act to repeal the act incorporating the town of Macedonia. Approved 
April 11, 1877. In force July 1, ISH. 

Section 1. [Repeal of Act.] Be it enacted by the PcopAe of the State 
of Illinois, represented in the General Assemhly, That all and every part of 
the act approved March third, one thousand eight hundred and forty- 
three, incorporating the town of Macedonia (now known as the town 
of Webster), in Hancock county, Illinois, be and the same is herebj'- 
repealed. 

Approved April 11,1877. 



SURPLUS FUND OR TAX. 
I 1. Proportion of Tax. | I 2. Drawback— Amount City, etc, may receive. 

An Act to prohibit any city, town or village in this State from receiving from 
the County Treasurer a greater proportion of the surplus fund or tax, than 
shall be received by any other city, town, or village ivithin the same county. 
Approved May 4, 1877, and in force July 1, 1877. 

Section 1. [Proportion op Tax.] Be it enacted by the PeojAe of 
the State of Illinois, represented in the General Asseinbly, That no city, 
town or village within any county in this State, shall be entitled to 
or shall receive from the county Treasury of such county any greater 
proportion of surplus of all taxes which may be collected for county 
purposes, than any other city, town or village within the county. 

§ 2. [Draw'BACk — Amount City, etc., May Receive.] Nor shall 
any such city, town or village be entitled to, or receive from the county 
treasury any greater drawback of its proportion of the taxes paid into 
the county treasury, by reason of any appropriation by the county 
board, out of the county treasury, for the making and repairing of roads 
and highways, the building and repairing of bridges in such county, 
without any such city, town or village within such county, than is now ■ 
allowed by law to all other cities, towns and villages within the same 
county. Any acts, or parts of acts, conflicting with this act, are here- 
by repealed. 

Approved May 4, 1877. 



56 



CITIES, VILLAGES AND TOWNS. 



ASSESSMENT, LEVY AND COLLECTION OF BACK TAXES. 

An Act in regard to the assessment, levy and collection of the taxes of incorpora- 
ted cities in this State, for years prior to the year 1877. Approved May 5, 
1877. In force July 1, 1877. 



g 1. County Clerk may certify void tax. 
g 2. Rate per cent— Extending— Valuation- 
Advertisement. 
g 3. Taxes— Voluntary payments, 
g 4. Certificate as to payments. 
i 5. When sale not to operate as payment. 



Change of ownership not to affect tax. 
Certificate of unpaid taxes — Extended ou 

books— Collection. 
Appeal— Deposit— Judgment — Damages. 
The General Revenue Laws. 



Section 1. [County Clerk may Certify Void Tax.] Be it en- 
acted, by the People of the State of Illinois, represented in the General 
Assembly, That in all cases where any incorporated city in this State 
has attempted to assess, levy or collect taxes for any year or years prior 
to the year A. D. 1877, under or by virtue of the provisions of an act 
entitled : "An act in regard to the assessment of property, and the levy 
and collection of taxes by incorporated cities in this State," approved 
April 15, 1873, or under or by virtue of any unconstitutional law, or 
any law which has been declared unconstitutional or void by the Su- 
preme Court of this State and in all cases where the assessment of 
property, for the purpose of taxation, or the tax levy made b}^ any city 
for any year prior to the year 1877, has been declared void, or uncon- 
stitutional, or has been set aside, and such city has failed to collect the 
taxes so attempted to be assessed and levied, or any part thereof, the 
City Council or Common Council of such city may by ordinance ascer- 
tain and determine, and cause to be certified to the County Clerk of 
the county in Avhich such city is situated, on or before the second 
Tuesday in August, in any year, the total amount which was required 
to be raised by taxation for all municipal purposes of said cit3',for any 
year or years prior to the year 1877, for or during which an assessment 
or levy w^as attempted to be made, as aforesaid, the amount so certi- 
fied for any year not to exceed the total amount of all appropriations 
made by such city for such year. Such certificate made to the County 
Clerk, as aforesaid, shall be prima facia evidence that the amount cer- 
tified does not exceed the sum total of the appropriations for the year 
for which such amount is certified. 

§2. [Rate per cent — Extending — Valuation — Advertise- 
ment.] Upon a certificate being filed with the county clerk, as pre- 
scribed in the preceding section, it shall be his duty to ascertain the 
rate per cent, which, upon the total valuation of all property subject 
to taxation within such city, as the same was assessed and equalized 
for State and county purposes for the year for which such taxes are 
certified to have been required, will produce a net amount not less 
than the amount so certified, and to extend such tax in a separate 
column, designating the year for wdiich it is extended, upon the book 
or books of the collector or collectors of State and county taxes for 
the current year, and the tax so extended shall be collected in the 
same manner, and b}'' the same officers as State and county taxes, and 
shall be paid over b}'- the officers collecting the same to the treasurer 
of the city. The respective county clerks may issue separate books 
or warrants to the .several towai or district collectors, for the collection 
of taxes herein authorized to be extended; said books to contain the 
taxes of one or more years, as may be convenient, and to be issued 
at the same time as the collector's books for the collection of State and 



CITIES, VILLAGES AND TOWNS. 57 



county taxes. It shall not be necessary for the count}^ clerk to set 
down in the collectors' or other books, any valuation, except the val- 
uation as assessed and equalized by the State Board of Equalization, 
nor shall it be necessary for any other valuation to appear in any list 
of delinquent lands and lots which may be filed with the county 
clerk, or in any report of the collector on application for judgment 
against delinquent lands and lots. There may be, if more convenient, 
a separate advertisement of the delinquent list, and the county col- 
lector may make a separate application for judgment against lands, 
lots, and real property delinquent for the taxes herein authorized to 
be extended. 

§ 3. [Taxes — Voluntary Payments.] All sums of money paid by 
any person or corporation, as taxes upon an_v such assessment or levy, 
or under any such law^ as specified in section one of this act shall 
be deemed to have been voluntary payments, but the persons or cor- 
porations pajang said sums, Avhen the same have been paid as taxes 
on personal property, and the real estate, in respect to which the same 
have been, or may be paid, when such payments are made as taxes on 
real estate, shall be credited with the amounts so paid on account of 
personal property taxes, as against any taxes which may be extended 
against the personal property of such persons or corporations, and 
with the amounts paid as taxes on real property, as against any taxes 
which may be extended against such real property, for the 3^ear or 
years for which such payments may appear to have been made. If the 
amount of taxes extended against such persons, corporations or real 
property under the provisions of the act, shall not exceed in amount 
the payments to be credited as aforesaid, then nothing shall be col- 
lected of such persons, corporations, or property ; but if the taxes so 
extended shall exceed such payments, then the excess only shall be 
collected. In case such payments shall exceed the taxes extended, 
as aforesaid, nothing herein contained shall be so construed as to give 
a right of action against any city, or make it liable for such excess, 
it being the intention of this act that such payments shall not be 
credited beyond the amount of the taxes to be extended as aforesaid. 

§ 4. [Certificate as to Payments.] It shall be the duty of the 
city clerk, or the city comptroller, if there be one, to file with the 
county clerk at the time of filing a certificate as hereinbefore pro- 
vided, or within a reasonable time thereafter, a statement in writing, 
signed and certified by said city clerk or city comptroller, as the case 
may be, showing all payments made on account of any taxes at- 
tempted to be assessed or levied by such city for the year to which 
the certificate of the amount required to be raised by taxation relates, 
the names of persons making such payments, in cases where the same 
were paid as personal property taxes, and a description of the real es- 
tate in respect to which such payments may have been made, when 
the same were paid as real property taxes. The certificate of the city 
clerk or city comptroller, as the case may be, ^all he jyrima facie evi- 
dence of the truth of such statement, and upon receiving the same it 
shall be the duty of the county clerk to enter the amounts of payments 
therein mentioned in proper columns in the collector's books, opposite 
the taxes extended against the persons or property, as the case may 
be, for the years on account of the taxes of Avhich such payments shall 
appear to have been made, and in case the taxes shall exceed the 



CITIES, VILLAGES AND TOWKS. 
58 

amount of any payment so entered, to carry the excess forward to 
another column. No omission on the part of the city clerk or city 
comptroller to file a statement of the payments made in respect of any 
tax, as aforesaid, shall in any way jDrejudice or affect the collection of 
any taxes extended in pursuance hereof, but any person or corporation 
having made any such payment, shall, upon presentation to the col- 
lector of a receipt for the same, signed b}^ the proper officer, be entitled 
to and receive a credit for the amount of taxes specified in such receipt, 
as against the tax on account of which such payment shall appear to 
have been made ; or proof of such payment may be made upon any 
application for judgment for the sale of the lands for the taxes of the 
year in respect of which such payments may have been made. 

§ 5. [When Sale not to Operate as Payment.] Xo sale of land 
made to any city, or to any person for the city, when no money has 
been paid on such sale, upon any judgment rendered for the sale of 
lands for taxes attempted to be assessed, levied or collected, as men- 
tioned in section one of this act, shall be deemed, or taken to be, 
or operate as payment, discharge, satisfaction or extinguishment of 
the taxes for which such sale was made, but the same proceedings 
shall be had, in all respects, as if no such sale had been made, except 
that in cases where certificates of purchase issued in pursuance of such 
sale have been redeemed, or payments have been made in respect 
thereof, the sums of money received by such city on such redemptions, 
or payment shall be deemed payments on account of the taxes for 
which the premises described in said certificate were sold, and shall be 
credited as such, as hereinbefore provided. 

§ 6. [Change of Ownership Not to Affect Tax.] No change of 
ownership of any property since the time of any attempted assess- 
ment or levy, as is mentioned in section one of this act, or since 
the time when any taxes certified under this act, might have been 
certified, assessed or levied, shall in any manner affect the right to 
certify, extend and collect any taxes extended against such property, 
under the provisions of this act, but the, same may be certified, ex- 
tended and collected, as if no such change of ownership had taken 
place. 

§ 7. [Certificate of Unpaid Taxes — Extended on Books — Col- 
lection.] In all cases where any city in this 3tate, under or by vir- 
tue of the powers of its then existing charter, assessed and levied, or 
attempted to assess and levy municipal taxes for any year or years 
prior to the year A. D. 1877, and has failed in the collection thereof, 
by reason of the conflict of any of the powers of its city charter, for 
the collection thereof, with the present State Constitution, or for any 
other cause whatever; the said assessments and levies of such taxes 
are declared to be and shall be held and taken to be legal and valid, 
notwitstanding the confirmation of such assessments and such levies 
might have been or wdls, or were made by the common council or city 
council of such city, in a year subsequent to the years in which and 
for which the assessment was, or the assessments were severally made 
and returned to the said councils and in all such cases it shall be the 
duty of the city clerk, or city comptroller, if there be one, to file 
with the county clerk, at any time the said council by ordinance 
may direct, and before the second Tuesday in August next, a return 



CITIES, VILLAGES AND TOWNS. 59, 



or certificate of all unpaid taxes upon such assessments and levies of 
taxes, and the certificate of the city clerk or comptroller, as the case 
may be, shall be prima facie evidence of the truth of such return or 
certificate, and upon receiving the same it shall be the duty of the 
county clerk immediately to issue a warrant or collector's book in sub- 
stantial conformity to the general revenue law for the collection of 
the same; or the county clerk may extend the same in a separate 
column or columns, designating the yeax or years for which it is ex- 
tended upon the book or books of collection or collectors of State 
and county taxes, and in either way shall make, record, certify and 
forward statements thereof, as required by sections on,e hundred and 
thirty (130) and one hundred and thirty-nine (139) of the general 
revenue law, and the taxes so extended or named in such new book 
or books shall be collected at the same times, in the same manner and 
by the same officers as State and county taxes, and shall be paid over 
by the oflicers collecting the same to the treasurer of the city, time by 
time as the law requires. 

§ 8. [Appeal — Deposit — Judgment— Damages.] No appeal shall 
be allowed from any judgment for the sale of lands or lots for taxes 
certified and extended under this act ; nor shall any writ of error to 
reverse such judgment operate as a supersedeas, unless the party 
praying such appeal, or desiring such writ of error, shall, before 
taking such appeal or suing out such writ of error, deposit with the 
county collector, an amount of money equal to the amount of the 
judgment and costs, and also give bond w'ith good and sufficient 
security, as in case of taking an appeal or suing out a writ of error 
from, or to reverse a judgment for the sale of lands or lots for State 
and county taxes. If, in case of an appeal, or suing out a writ of 
error, the judgment shall be affirmed in whole or in part, the Supreme 
Court shall enter judgment for the amount of the taxes, with dam- 
ages not to exceed ten per cent., and order that the amount deposited 
wath the collector, as aforesaid, or so much thereof as may be neces- 
sary, shall be credited upon the judgment so rendered, and execution 
shall issue for the balance of said judgment, damages and costs. The 
clerk of the Supreme Court shall transmit to said county collector a 
certified copy of the order of affirmance, and it shall be the duty of 
the collector upon receiving the same, to apply so much of the amount 
deposited with him as aforesaid, as shall be necessary to satisfy the 
amount of the judgment of the Supreme Court, and to account for 
the same as collected taxes. If the judgment of the county court 
shall be reversed, and the cause remanded for rehearing, and if upon 
the rehearing, judgment shall be rendered for the sale of the lands or 
lots for the taxes, or any part thereof, and such judgment be not 
appealed from, or a writ of error prosecuted with supersedeas issued 
thereon, as herein provided, the clerk of the county court shall certify 
to the county collector the amount of such judgment, and thereupon 
it shall be the duty of the county collector to certify to the county 
clerk the amount deposited with him, as aforesaid, and the county 
clerk shall credit the said judgment wath the amount of such deposit, 
or so much thereof as will satisfy the judgment, and the county col- 
lector shall be chargeable with and account for the amount so credited 
as collected taxes. Nothino; herein contained shall be construed as 



go CITIES, VILLAGES AND TOWNS. 



requiring an additional deposit in ease of more than one ajDpeal or 
writ of error being prosecuted in said proceedings. If, uj^on a final 
hearing, judgment shall be refused for the sale of lands or lots for the 
taxes, or any part thereof, the collector shall pay over to the party 
who shall have made said deposit, or his legally authorized agent or 
representative, the amount of the deposit, or so much thereof as shall 
remain after the satisfaction of the judgment against the jDremises in 
respect of which such deposit shall have been made. 

§ 9. [The Genekal Revenue La^vs.] The general revenue laws 
of this State shall, so far as applicable and not inconsistent with the 
provisions of this act, apply to all taxes herein authorized to be certi- 
fied and extended. 

Approved, May 5, 1877. 



WATER TAXES, RATES OR ASSESSMENTS. 

't 1. V.'here heretofore levied. | g 3. Judgment— How oljtained. 

t 2. Warrants— Power of council— Report— | g 4. Water Taxes— Heretofore levied. 
Collector. j 

An Act to provide for the collection of Water Taxes, Rates or Assessments 
heretofore levied in certain cities. Approved May 21, 1877. In force 
My i, 1877. 

Section 1. [Where Heretofore Levied.] Be it enacted by the 
People of the State of Illinois, represented in the General Assembly, That 
in any city in this State, the organization of which has been changed 
by the adoption of an act entitled " An act to provide for the incor- 
poration of cities and villages," in force July first, 1872, which, prior 
to the adoption of said act had power to provide for the assessment 
and levy of water taxes, rates, or assessments, and in which such taxes, 
rates or assessments have been either before or since such change ' of 
organization, assessed or levied by a Board of Public Works; the City 
Council of such city may do all such acts and make all such rules and 
regulations for the collection of such water taxes, rates or assessments 
as it may by law in respect to water taxes, rates or assessments levied 
by the City Council of such city since such change of organization. 

§ 2. [Warrants — Pow^sr of Council — Report — Collector.] In 
all cases where warrants have been issued for the collection of water 
taxes, rates or assessments, assessed or levied by a Board of Public 
Works, as aforesaid, the City Council of any such city as is mentioned 
in the preceding section may by ordinance, provide that the City 
Collector shall make a report in writing to the general officer of the 
county authorized to apply for judgment, and sell lands for taxes due 
the county and State of all the lands, town lots and real property in 
which he shall have been unable to collect the water taxes, rates or 
assessments mentioned in said warrants, together with such warrants, 
or a brief description of the same, which report shall be accompanied 
with the oath of the Collector that the list is a correct return and re- 
port of the lands, town lots and real property described in said war- 
rant on which the water taxes, rates or assessments remain unpaid, 
and that he is unable to collect the same, or an}' part thereof; said re- 



CITIES, VILLAGES AND TOWNS. Q^ 



port when so made shall be irrima facie evidence that all the forms and 
requirements of law in relation to making said return, have been com- 
plied with, and that the water taxes, rates and assessments mentioned 
in said report, are due and unpaid, and that they were assessed and 
levied as described in section one (1) of this act. 

§ 3. [Judgment — How" Obtained.] When said general officer shall 
receive said report he shall at once proceed to obtain judgment against 
said lots, parcels of lands and property for said water taxes, rates or 
assessments, in the same manner as is or may be provided by law for 
obtaining judgment against lands for State and county taxes ; and in 
obtaining said judgment and making said sale the general revenue 
law of this State shall apply, so far as applicable, and not inconsistent 
with the provisions of this act. 

§ 4. [Water Taxes Heretofore Levied.] All water taxes, rates 
and assessments heretofore assessed or levied as mentioned in section 
one of this act, and all warrants issued as aforesaid, are hereby de- 
clared to be as valid and efiectual as like taxes, rates or assessments 
levied, and like warrants issued by, or by the authority of any such 
city since its change of organization as aforesaid. 

Approved May 21, 1877. 



assessment and COLLECTION OF MUNICIPAL TAXES. 
1. How may be assessed and collected. 

An Act in regar d to the Assessment and Collection of MvAiici/pal Taxes. Ap- 
'proved May 23, 1877. In force July 1, 1877. 

Section 1. [How may be Assessed and Collected.] Be it enacted 
hy the People of the the State of Illinois., represented in the Genercd Assembly, 
That all cities, villages, and incorporated towns, in this State, whether 
organized under the general law or special charters, shall assess and 
collect their taxes in the manner provided for in Article eight (8) of 
the act entitled, " An act to provide for the incorporation of cities and 
villages," approved April 10, 1872, and in the manner provided for in 
the general revenue laws of this State ; and all acts, or parts of acts,, 
inconsistent with the provisions of this act, are hereby repealed. 

Approved May 23, 1877. 



ferries and bridges. 

I 1. License and regulate. 

An Act to enable Cities and Villages, incorporated under any general or spe- 
cial laio of this State, to acquire hy purchase, Lease or Gift, establish, main- 
tain, license and regidate Ferries, Bridges, the ct,p)proaches thereto and tolls 
thereon. Approved May 22, ISll . In force July 1,1^17. 

Section 1. [License and Regulate.] Be it enacted hy the People of 
the State of Illinois, rcprresented in the Genercd Assembly, That it shall be 
lawful for the corporate authorities of any city or village, now or 
hereafter incorporated under any special or general law of this State, 



62 



CITIES, VILLAGES AND TOWNS. 



to acquire bj purchase, lease or gift, and maintain, license and regu- 
late ferries and bridges, so acquired, and the approaches thereto, not 
exceeding four acres of land for each ferry or bridge, within the cor- 
porate limits, or within five miles of the corporate limits thereof, and 
from time to time fix the tolls thereon. 
Approved May 22, 1877. 



POLICE AND FIREMEN'S RELIEF FUND. 



1. How fund created. 

2. Mayor, etc., trustees of fund. 

3. Board to control fund. 

4. Treasurer to keep fund — Bond. 



S 5. Warrants drawn on Treasurer. 

'i fi. Permanent disability— Death — Annuity, 

I 7. How money paid outl 



An Act for the relief of disabled members of the police and fire departments 
in cities and villages. Approved May 24, 1877. In force Jidy 1st, 1877. 

Section 1. [How Fund Created.] Be it enacted by the People of 
the State of Illinois, represented in the Genercd Assembly, That one-fourth 
of all the rates, taxes and license fees which are or may be hereafter 
required by law to be paid by corporations, companies or associations 
not incorporated under the laws of this State, engaged in any village 
or city in this State effecting fire insurance, and all moneys received 
from fines inflicted upon luembers of the police and fire departments 
for a violation of the rules and regulations of the service, and all fines 
recovered because of conviction for a violation of the fire ordinances, 
and all moneys accruing from the sale of unclaimed stolen property, 
shall be set apart by the treasurer of the city or village, to whom the 
same shall be paid as a fund for the relief of disabled members of the 
police and fire departments of such city or village. 

§ 2. [Mayor, etc.. Trustees of Fund.] The Mayor or President 
of the Board of Trustees, the Marshal or chief officer of the police de- 
partment, chief ofl&cer of the fire department and the Chairman of the 
Committee on Police and the Committee on Fire and Water of the 
City Council or Board of Trustees of the city or village, shall con- 
stitute and be a board by the name of the Trustees of the Police and 
Firemen's Relief Fund. The said board shall select from their num- 
ber a President and a Treasurer, and may appoint a Clerk or Secretary. 

§ 3. [Board to Control Fund.] The said board shall have the 
exclusive control and management of the fund mentioned in the first 
section of this act, and of all money donated, paid or assessed for the 
relief of disabled policemen or firemen, and shall have the power to 
assess each and every member of the police and fire departments of 
such city or village not to exceed the sum of five dollars per 
annum, which shall be received and held by the treasurer of said re- 
lief fund in like manner as the other moneys herein provided to be 
paid to him ; and any member of such police and fire departments 
who shall not within one month after notice in writing to him from 
said board of the assessments against him, pay the same, shall not be 
entitled to or receive any benefit under this act. The said board may 
make all needful rules and regulations for its government in (he dis- 
charge of its duties, and shall hear and decide all applications for relief 
under this act, and its decisions on such applications shall be final and 



CITIES, VILLAGES AND TOWNS. 



conclusive, and not subject to review or reversal except by the board: 
Provided, That nothing herein contained shall render the payment of 
any sum of money or annuity which may be awarded by the board 
obligatory on the board, or chargeable against it as a legal right ; but 
the board may at any time in its discretion, order that such sums of 
money or annuity shall be reduced, or that payment of the same shall 
not be made. The board shall cause to be kept a record of all its meet- 
ings and proceedings. 

§ 4. [Treasurer to keep Fund — Bond.] The Treasurer of the 
board shall be the custodian of the fund in the first section of this act 
mentioned, and of all moneys donated, paid or assessed towards or on 
account of the relief fund hereby created, and shall secure and safely 
keep the same, subject to the control and direction of the board, and 
shall keep his booKS and accounts in such a manner as may be pre- 
scribed by the board, and the same shall always be subject to the 
inspection of the board, or any member thereof. The Treasurer shall, 
within ten (10) days after his election or appointment, execute a bond 
to the city or village, as the case may be, with good and sufficient 
securities in such penal sum as the board may direct, to be approved 
by the board, conditional for the faithful performance of the duties of 
his office, and that he will safely keep and Avell and truly account for 
all moneys and property which may come to his hands as such treas- 
urer, and that on the expiration of his term of office he will surrender 
and deliver over to his successor all unexpended moneys, and all 
property which may have come to his hands as such treasurer. Such 
bond shall be filed in the office of the clerk of such city or village, 
and in case of a breach of the same, or the conditions thereof, suit 
may be brought on the same in the name of such city or village, for 
the use of said board, or of any person or persons injured by such 
breach. 

§ 5. [Warrants Drawn on Treasurer] It shall be the duty of 
the Mayor and Clerk, or the Comptroller if there be one, and the 
officer or officers of such city or village who are or may be authorized 
by law to draw warrants upon the treasurer of such city or village, 
upon request made in writing by said board, to draw warrants upon 
the treasurer of such city or village, payable to the treasurer of said 
board, for the fund set apart by such city or village treasurer as pre- 
scribed by the first section hereof. 

§ 6. [Permanent Disability — Death — Annuity.] When, in the 
judgment of the board, a sufficient amount shall have accumulated in 
said fund to justify the application thereof to the use for which the 
same is hereby created, if any member of the police or fire depart- 
ments, while in the actual performance of dut}^, shall become perma- 
nently disabled, so as to render proper his retirement from member- 
ship, a sum not exceeding six hundred dollars (S600) per annum, or 
such less sum as, in the judgment of the board, the fund will justify, 
shall be paid to such member out of said fund ; or if any member, 
while in the actual discharge of duty, shall be killed, or shall die 
from the immediate effects of an injury received by him while in such 
discharge of dutv, or shall die after ten years' service in the police or 
fire departments, and while still in the service of the same, and shall 
leave a widow, or if no widow, any child or children under the age of 



g4 CITIEP, VILLAGES AXD TOWNS. 



sixteen (16) years, a sum not exceeding six hundred dollars ($600) per 
annum, or such less sum as, in the judgment of the board, the condi- 
tion of the fund Avill justify, shall be paid to such widow so long as 
she shall remain unmarried, or to such child or children while under 
the age of sixteen years. 

§ 7. [How Money Paid Out.] All moneys ordered to be paid from 
said relief fund to any person or persons, shall be paid by the treasurer 
of said board only upon w'arrants signed by the President of the board 
and countersigned by the Secretary, if there be one, and no warrant 
shall be drawn except by order of the board duly entered in the record 
of the proceedings of the board. In case the said relief fund or any 
part thereof shall, by order of the said board or otherwise, be deposited 
in any bank or loaned, all interest on money which may be paid, or 
agreed to be paid, on account of any such loan or deposit, shall belong 
to and constitute a part of said fund : Provided^ That nothing herein 
contained shall be construed as authorizing the said treasurer to loan 
the said fund, or any part thereof, unless so authorized by said board. 

Approved May 24, 1877. 



COMMISSION OF CLAIMS. 

I 1. Commission of claims created. I § 5. Report to the Governor, etc. 

^ 2. Duty of— Claims — Award. I j? 6. Compensation. 

i .3. Auditor ex-offieio clerk. I § 7. Effect of rejecting claims. 

'i 4. Claims— Filing statement— Hearing. | g 8. Jurisdiction. 

An Act to create a Covimission of Claims, and to prescribe its p)''>wers and 
duties. Ap'provcd May 29, 1877. lu force Jidy 1, 1877. 

Section 1. [Commission of Claims Created.] Be it enacted by the 
People of the State of Illinois, represented in the General Assembly, 
That there shall be, and hereby is created and constituted a commis- 
sion to be called the "Commission of Claims," which shall be com- 
posed of one of the Judges of the Supreme Court, who shall be Presi- 
dent of said Commission, and two Judges of the Circuit Courts of this 
State. Said Judges shall be specially assigned to duty on said 
commission by the Chief Justice of the Supreme Court. Said com- 
mission shall hold a session at the Capital of this State on the second 
Monday of August, A. D. 1878, and every two years thereafter, and 
shall continue their session until the business before them shall be 
disposed of. 

§ 2. [Duty of Commission — Claims — Aavard.] It shall be the 
duty of said Commission to hear and determine all unadjusted claims 
of all persons, against the State of Illinois, and said Commission shall 
hear and determine such claims according to the principles of equity 
and justice, except as otherwise provided in the laws of this State, 
and in case said Commission shall allow any such claim, they shall 
make and award in favor of the claimant, finding the amount due to 
such claimant, and naming the claimant, which said award shall be 
filed and recorded in the ofl&ce of the Auditor of Public Accounts, in a 
book to be kept by him for that purpose. 

§ 3. [Auditor Ex-Officio Clerk.] The Auditor of Public Ac- 
counts shall be cx-offlcio Clerk of said Commission and shall be custo- 



CONVEYANCES. Q^ 



dian of all records, books, files and papers belonging or appertaining 
to said commission. 

§ 4. [Claims — Filing Statement — Hearing.] All persons having 
any such claims against this State, shall file the same with the Auditor 
of Public Accounts, at least three months before the day fixed by this 
act for the sessions of said Commission, and shall file with such claim 
a statement in writing, under oath, of the facts upon which such 
claim is based, setting forth the time when and the place where the 
same accrued, and if such claim accrued by virtue of a contract, a copy 
of such contract, and the name and present residence, if known, of the 
officer or agent with whom such contract was made, and in all cases, 
the amount of such claim, and all other facts necessary to a full un- 
derstanding of such claim ; and upon the filing of the same as afore- 
said, it shall be the duty of the Auditor to immediately notify the At- 
torney-General thereof, and it shall be his duty to represent the State 
in all such claims. All evidence in support of, or against such claims 
shall be taken in writing in the same manner in which depositions 
in cases in chancery are usually taken, and, together with all docu- 
mentary or other evidence, shall be filed with the Auditor of Public 
Accounts, prior to the day fixed for the sitting of said Commission, 
and no other evidence shall be received by said Commission on the 
hearing of any such claim. 

§ 5. [Report to Governor, etc.] The Auditor shall in his bien- 
nial report to the Governor, include a detailed statement of all such 
awards, and said statement shall be laid before the two Houses of the 
General Assembly at its session held next after the filing of said 
awards. 

§ 6. [Compensation.] Neither the Auditor or any of said Judges 
shall receive any additional pay or compensation by the reason of 
any service rendered under the provisions of this act. 

§ 7. [Effect of Rejecting Claims.] In case said Commission 
shall reject any claim, so filed as aforesaid, upon the hearing thereof, 
such rejection shall conclude all parties thereto, unless said Commis- 
sion shall in their award thereon, otherwise direct. 

§ 8. [Jurisdiction.] The jurisdiction conferred upon said Com- 
mission by this act, shall be, and is hereby declared to be exclusive. 

Approved May 29, 1877. 



CONVEYANCES. 



g 1. Reversion Expectant— Surrender— Merger. 

An Act to amend the law of real property. Approved April 13, 1877. In 

force July 1, 1877. 

Section 1. [Reversion Expectant — Surrender — Merger.] Beit 
enacted by the People of tJie State of Illinois, represented in the General 
Assembly, That when the reversion expectant on a lease, made either 
' —5 



QQ CORPORATIONS. 



before or after the passing of this act, of any tenements, or heredita- 
ments of any tenure, shall be surrendered or merged, the estate, which 
shall for the time being confer as against the tenant under the same 
lease the next vested right to the same tenements or hereditaments, 
shall, to the extent and for the purpose of preserving such incidents 
to, and obligations on the same reversion, as but for the surrender or 
merger thereof, would have subsisted, be deemed the reversion ex- 
pectant on the same lease. 
Approved April 13, 1877. 



CORPORATIONS. 



SUITS AGAINST STOCKHOLDERS. 
§ 1. Suit in Equity against Stockholders— Powers of Courts of Equity. 

An Act to amend section 25 of an act entitled '^An act concerning corpo- 
rations,^' approved April 18, 1872. Approved May 22, 1877. In force 
July 1, 1877. 

Section 1. Be it enacted by the People of the State of Illinois, represen- 
ted in the General Assembly, That section twenty-five (25) of an act 
entitled " An act concerning corporations," approved April 
18, 1872, be and the same hereby is amended to read as follows : 

§ 25. [Suits Against Stockholders.] If any corporation or its 
authorized agents shall do, or refrain from doing any act which shall 
subject it to a forfeiture of its charter or corporate powers, or shall 
allow any execution or decree of any court of record, for a payment of 
money after demand made by the officer, to be returned " No property 
found," or to remain unsatisfied for not less than ten days after such 
demand, or shall dissolve or cease doing business, leaving debts un- 
paid, suits in equity may be brought against all persons who were 
stockholders at the time, or liable in any way, for the debts of the cor- 
poration, by joining the corporation in such suit; and each stock- 
holder may be required to pay his pro rata share of such debts or 
liabilities to the extent of the unpaid portion of his stock after ex- 
hausting the assets of such corporation. And if any stockholder shall 
not have property enough to satisfy his portion of such debts or lia- 
bilities, then the amount shall be divided equally among all the re- 
maining solvent stockholders. And courts of equity shall have full 
power, on good cause shown, to dissolve or close up the business of 
any corporation, to appoint a receiver therefor who shall have 
authority, by the name of the receiver of such corporation (giving the 
name), to sue in all courts and do all things necessary to closing up its 
affairs as commanded by the decree of such court. Said receiver shall 
be in all cases a resident of the State of Illinois, and shall be re- 
quired to enter into bonds payable to the people of the State of 
Illinois, for the use of the parties interested, in such penalty 
and with such securities as the court may, in the decree or 



CORPORATIONS. Q^ 



order, appointing tlie same require. In all cases of suits for 
or against such receiver, or the corporation of which he may be 
receiver, writs may issue in favor of such receiver or corporation, 
or against him or it, from the county where the cause of action 
accrued to the sheriff of any county in this State for service. 
Approved May 22, 1877. 



, CHANGING NUMBER OF DIRECTORS. 

9 1. Meeting of stockholders for changing. ( g i. Certificates of vote filed — Changes accom- 
f, 2. Special meeting— Notice. I plished. 

^ 3. Manner of voting. I § 5. Repeal. 

An Act authorizing the changing of the number of Directors of Incorporated 
Companies in certain cases. Approved and in force May 22, 1877. 

Section 1. [Meeting or Stockholders for Change.] Be it enacted 
by the People of the State of Illinois, represented in the General Assembly, 
That whenever the stockholders holding a majority of the stock of any 
corporation existing by virtue of any general or special law of this 
State, or any corporation hereafter organized by virtue of any 
law of this State, may desire to change the number of its directors, 
managers or trustees from an even number to an odd number, they 
may call a special meeting of the stockholders of such corporation for 
the purpose of submitting to a vote of the stockholders of such cor- 
poration the question of such change of directors, managers or trus- 
tees from an even to an odd number, Provided, That the number of di- 
rectors, managers or trustees shall in no such case after such change 
be less than five nor more than eleven. 

§ 2. [Special Meetings — Notice.] Such special meeting shall be 
called by the President upon the written application of the stock- 
holders of such corporation owning a majority of the stock, by deliv- 
ering personally, or depositing in the Post Office at least thirty days 
before the time fixed for such meeting, a notice properly addressed "to 
each stockholder, signed by the President, stating the time, place and 
object of such meeting. A general notice of the time, place and 
object of such meeting shall also be published for three successive 
weeks in some newspaper printed in or nearest to the county in which 
the principal business office of said corporation is located. 

§ 3. [Manner of Voting.] At any such meeting stockholders may 
vote in person or by proxy, each stockholder being entitled to one vote 
for each share of stock held by him, and votes representing a majority 
of all the stock of the corporation shall be necessary for the purpose of 
changing the number of the directors, managers, or trustees from an 
even to an odd number. 

§ 4. [Certificates of Vote Filed — Changes Accomplished.] If 
at any regular annual meeting, or at the time and place specified in 
such notice of a special meeting called for that purpose, said proposi- 
tion to change the number of directors, managers or trustees from an 
even to an odd number, be submitted to vote, and if it shall appear 
that a majority of all the votes represented by the whole stock of such 



COUNTIES. 



corporation are in favor of such change, a certificate thereof verified 
by the affidavit of the President and under the seal of said corpora- 
tion shall be filed in the ofl&ce of the Secretary of State; and a like 
certificate filed for record in the office of the Recorder of Deeds of the 
county wherein the principal business office of such corporation is lo- 
cated ; and upon the filing of such certificate the number of directors, 
managers or trustees shall be and is hereby declared to be changed 
from an even number to an odd number in accordance with such 
vote of the stockholders as aforesaid. 

§ 5. [Repeal.] All acts and parts of acts inconsistent with this 
act are hereby repealed. 

§ 6. [Emergency.] Whereas, a large number of corporations in 
this State desire to change the number of their directors, managers or 
trustees, from an even number to an odd number, an emergency there- 
fore exists, and this act shall take effect and be in force from and after 
its passage. 

Approved May 22, 1877. 



COUNTIES. 



removal of obstructions from water courses. 

g 1. Power of County Board. 

An Act authorizing County Boards to remove driftwood and other obstructions 
from unter courses. Approved May 11, 1877. In force July 1, 1877. 

Section 1. [Power of County Board.] Be it enacted by the People 
of the State of Illinois, rep7-esented in the General Assembly, That the 
County Boards of the several counties in this State shall have power 
to cause the removal of, in such manner as they may direct, the drift- 
wood and other obstructions from the natural water courses in their 
respective counties. 

Approved May 11, 1877. 



COURTS. 



69 



COURTS. 



APPELLATE COURTS. 



§ 1. Stvle of court— Seal— Clerks— Districts. 

I 2. Terms. 

'i 3. Clerks. 

I 4. Duties of Clerks— Bonds. 

i 5. Judges to be assigned. 

I 6. Presiding Justice. 

I 7. Quorum. 

? 8. Jurisdiction — Appeals. 

^ 9. Power of court. - 

An Act to Establish Appellate Courts. 

July 1, 



? 10. Practice and pleadings. 

g 11. Process. 

i 12. Process— Who may issue. 

't 13. Sheriff to attend sittings. 

^ 14. When majority of Judges not present. 

g 15. May enter orders in vacation. 

g 16. Appeals. 

I 17. When reasons for judgment to be stated. 

g 18. Rooms for court. 

Approved June 2, 1877. In force 
1877. 



Section 1. [Style of Court — Seal — Clerk — Districts.] Be it 
enacted by the People of the State of Illinois, represented in the General 
Assembly. There are hereby created four Appellate Courts in this State, 
to be called the Appellate Courts in and for the districts hereb}^ crea- 
ted; the first district to consist of the county of Cook, the second dis- 
trict to include all the counties now embraced within the Northern 
Grand Division of the Supreme Court, except the county of Cook ; 
the third district to include all the counties now embraced within 
the Central Grand Division of the Supreme Court ; and the fourth 
district to include all the counties now embraced W' ithin the Southern 
Grand Division of the Supreme Court. Said Appellate Courts shall 
be Courts of Record, with seals and clerks for each respectively ; and 
each shall be held bj^ three of the -Judges of the Circuit Court, to be 
assigned in the manner hereinafter provided. 

§ 2.. [Terms.] The terms of said Appellate Courts shall be begun 
and held in the several districts, as follows : In the first district, at the 
city of Chicago, on the third Tuesdays in April and October of each 
year ; in the second district, at Ottawa, in LaSalle county on the 
third Tuesdays in June and December of each year. In the third 
district, at Springfield, on the third Tuesdays of May and November 
in each year. In the fourth district, at Mt. Vernon on the first 
Tuesdays in February and July in each year. 

§ 3. [Clerks.] The clerks of the Supreme Court for the Southern 
and Central Grand Divisions of this State shall be ex-officlo clerks of the 
Appellate Courts held within their respective grand divisions, and 
the clerk of the Supreme Court for the Northern Grand Division of 
this State shall be ex-officio clerk of the Appellate Court for the second 
district aforesaid ; said clerks shall discharge the duties of said ofiice 
until the expiration of the terms for which the}' have respectively 
been elected ; and the judges of said Appellate Court for the said first 
district shall appoint a suitable person to serve as clerk of said Appel- 
late Court for said first district until the expiration of the terms afore- 
said of said clerks of the Supreme Court. At the time of the election 
for representatives in the next General Assembl}', and every six years 
thereafter, one clerk for each of said Appellate Courts shall be elected 
in each district. Said clerks shall be commissioned by the Governor, 
and their term of office shall be six years. The clerks of said Appel- 



70 COURTS. 



late Courts shall perform the duties usually devolving upon clerks of 
Courts of Records in this State, and shall provide books, stationery 
and seals for said Appellate Courts, and shall be entitled to receive 
the same fees for services in the Appellate Court as are allowed for 
like services in the Supreme Court. 

§ 4. [Duties of Clerks — Bond.] Every such clerk shall, before 
entering upon the duties of his office, give bond, with one or more 
sureties, to be approved by one of the justices of the Supreme Court of 
this State which bond shall be in such penalty, not less than five 
thousand dollars ($5,000), as may be fixed by such justice, payable to 
the People of the State of Illinois, and conditioned for the ifaithful per- 
formance of the duties of his office, and to pay over all moneys that may 
come to his hands by virtue of his office, to the parties entitled there- 
to, and to deliver up all moneys, papers, books, records and other things 
appertaining to his office, whole, safe and undefaced when lawfully re- 
quired to do so ; which bond shall be ffied in the office of the Secretary 
of State. He shall also, before entering upon the duties of his office, 
take and subscribe the following oath or affirmation : " I do solemnly 
swear (or affirm, as the case may be) that I will support the constitu- 
tion of the United States, and the constitution of the State of Illinois, 
and that I will faithfully discharge the duties of the office of clerk of 
the Appellate Court, according to the best of my ability," which oath 
shall be ffied in the office of the Secretary of State. 

§ 5. [Judges to be Assigned.] The Supreme Court of this State 
shall assign twelve of the judges of the Circuit Court of this State, to 
duty in said Appellate Courts as follows : Three of them to the first 
district ; three of them to the second district ; three of them to the 
third district, and three of them to the fourth district ; which said as- 
signment shall be for a term of three years, and upon the expiration 
of said term, the Supreme Court shall assign their successors for the 
term aforesaid .• Frovided, The terms of the judges so assigned in the 
year of our Lord 1877, shall expire on the first Monday of June A. D. 
1879 ; And provided further, The Supreme Court may, for good cause 
shown, remove any of said judges from dut}^ in any of said Appellate 
Courts, and in all cases of vacancy in any of said Appellate Courts, 
the Supreme Court shall fill such vacancy by assigning another judge 
of the Circuit Court to duty therein. 

§ 6. [Presiding Justice.] At the first terms of said Appellate 
Courts the judges thereof in every one of said districts shall choose one 
of their number, who shall be presiding justice of the Appellate Court 
in the district to which he shall have been assigned, for such time as 
the judges of said court may determine among themselves and at the 
expiration of such time his successor shall be chosen in like manner. 

§ 7. [Quorum.] Two of the judges so assigned in each district shall 
constitute a quorum, and the concurrence of two shall be necessary to 
every decision. 

§ 8. [Jurisdiction— Appeals.] The said Appellate Courts created 
by this act shall exercise appellate jurisdiction only, and have juris- 
diction of all matters of appeal, or writs of error from the final judg- 
ments, orders or decrees of any of the circuit courts, or the Superior 
Court of Cook county, or from the city courts in any suit or proceeding 



COURTS. 'J I 



at law, or in chancer}'' other than criminal cases, and cases involving 
a franchise or freehold, or the validity of a statute. Appeals and writs 
of error shall lie from the final orders, judgments or decrees of the cir- 
cuit and city courts, and from the Superior Court of Cook county, 
directly to the Supreme Court, in all criminal cases and in cases in- 
volving a franchise or freehold or the validit}^ of a statute. In all cases 
determined in said Appellate Courts, in action ex-contradu, Avherein 
the amount involved is less than one thousand dollars ($1,000), exclu- 
sive of cost; and in all cases sounding in d'amages, wherein the judg- 
ment of the court below, is less than one thousand dollars ($1,000) ex- 
clusive of cost, and the judgment is affirmed or otherwise finally dis- 
posed of in the Appellate Court, the judgment, order or decree of the 
Appellate Court shall be final and no appeal shall lie or writ of error 
be prosecuted therefrom: Provided, The term ^^ ex-contractic,^^ as used 
in this section shall not be construed to include actions involving a 
penalt3^ In all other cases, appeals shall lie and writs of error may 
be prosecuted, from the final judgments, orders or decrees of the Ap- 
pellate Courts, to the Supreme Court: Provided, also, That in any case 
a majority of the judges of the Appellate Court shall be of opinion that 
a case decided by them involving a less sum than one thousand dol- 
lars ($1,000) exclusive of costs, also involves questions of law of such 
importance, either on account of principal or collateral interests, as 
that it should be passed upon by the Supreme Court, they may in such 
cases grant appeals and writs of error to the Supreme Court on peti- 
tion of parties to the cause, in which case the said Appellate Court 
shall certify to the Supreme Court the grounds of granting said Appeal. 

§9. [Power OF Court.] The said Appellate Courts shall be vested 
with all power and authority necessary to carry into complete execu- 
tion all their judgments, decrees and determinations in all matters 
within their jurisdiction, according to the rules and principles of the 
common law and of the law of this State. 

§ 10. [Practice AND Pleadings.] The process, practice and plead- 
ings in said courts shall be uniform, and shall be the same as the pro- 
cess, practice and pleadings now prescribed or which may hereafter 
be prescribed in and for the Supreme Court of this State so far as 
applicable ; and the judges of said Appellate Court may establish such 
uniform rules for the keeping of dockets, records and proceedings for 
the regulation of said court as shall be deemed most conducive to the 
due administration of Justice, except as otherwise provided by law. 

§ 11. [Process.] The said Appellate Courts, respectively, may 
issue writs of certiorari, error, supersedeas, and all other writs not pro- 
hibited by law, which may be necessary to enforce the due adminis- 
tration of justice in all matters within their jurisdiction. Such writs 
or process shall run in the name of the people of the State of Illinois, 
and bear teste in the name of the presiding justice of the court from 
which it issues, be signed by the clerk, dated when issued, sealed with 
the seal of the court and made returnable according to law. 

§ 12. [Process — Who may Issue.] Any process which may be 
issued from an Appellate Court or any Judge thereof or the clerk ac- 
cording to the law, shall be executed by the officer to whom it is 
directed in any county or place in this State, in the usual manner that 
process is or may be required to be executed and returned. 



72 



COURTS. 



§ 13. [Sheriff to Attend Sittings.] The Sheriff of the county 
in which the Appellate Courts may be held, shall attend upon its 
sittings and perform such duties, under the order and direction of such 
courts, as are usually performed by such officer, and such as said courts 
shall from time to time require ; and shall be entitled to the same fees 
as are now allowed by law for like service for attending upon the 
Supreme Court of this State. 

§ 14. [When Majority of Judges not Present.] If a majority 
of the Judges of any such Appellate Court shall not be present on the 
first day of any term, the court shall stand adjourned from day to day 
until a majority shall attend ; and it from any cause the said court 
shall not sit on any day in a term after it shall have opened, there 
shall be no discontinuance, but so soon as the cause is removed, the 
court shall proceed to business until the end of the term, or until the 
business before it shall have been disposed of; and if the said court 
shall not sit in any term, or shall not continue to sit the whole term 
or before the end of the term shall not have heard and determined all 
matters and causes depending in said court the same shall stand con- 
tinued until the next succeeding term. 

§ 15. [May Enter Orders in Vacation.] The Judges of the said 
Appellate Courts respectively, or a majority of them, may enter orders 
and judgments in vacation in all cases which have been argued or 
submitted to the courts during any term thereof, and which shall have 
been taken under advisement. 

^ 16. [Appeals,] Appeals and writs of error may be taken to the 
Appellate Court in the district in which the case is decided, or by con- 
sent of the parties, to any other district. 

§ 17. [When Reasons for Judgment to be Stated.] In case the 
judgment, order or decree from which an appeal or writ of error may 
have been prosecuted, shall be affirmed by the Appellate Court, such 
court shall make an order affirming the same, and in case such judg- 
ment, order or decree shall be reversed and the cause remanded to the 
court, from which such appeal or writ of error shall have been prose- 
cuted, for a new trial therein, said Appellate Court shall state brief!}' 
in writing the reasons for such reversal and file the same with the 
files in said cause ; Provided, That the reasons so filed shall not be of 
binding authority in any cause or proceeding other than that in which 
they may be filed or given. 

§ 18. [Rooms for Courts.] The Supreme Court rooms in the sev- 
eral grand divisions, when not occupied by the Supreme Court, may 
be used for holding Appellate Courts therein, and until otherwise pro- 
vided by law, the judges assigned to hold court in the first district of 
said Appellate Court may rent suitable rooms in the city of Chicago 
for the holding of said court and for the use of the officers thereof, at a 
rental of not exceeding five thousand dollars ($5,000) per annum; and 
to provide all necessary furniture therefor, and for the safe keeping of 
the records of said court ; the accounts therefor shall be certified by 
that court to the Auditor of Public Accounts, who shall draw his war- 
rant on the State Treasury for the amount of the same, to be paid out 
of the appropriation that shall he made therefor. 

Approved June 2, 1877. 



COURTS. 73 



JUDICIAL CIRCUITS. 

g 1. Circuits. I ? 4. Term of office. 

'i 2. Election of officers. g 5. Repeal, 

g 3. Manner of holding court — Assignment of | 
Judges. I 

An Act to divide the State of Illinois, exclusive of the county of Cook, into 
Judicial Circuits. Approved June 2, 1877. In force July 1, 1877. 

Section 1. [Circuits.] Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly, That, in lieu of the Circuit 
Courts provided for in section thirteen (13) of article six (6) of the 
Constitution, and now existing, the State of Illinois, exclusive of the 
County of Cook, be and the same is hereby divided into Judicial Cir- 
cuits as follows : 

First Circuit — The counties of Franklin, Saline, Williamson, Jack- 
son, Union, Johnson, Pope, Hardin, Massac, Pulaski and Alexander. 

Second Circuit — The counties of Cumberland, Effingham, Clay, Jas- 
per, Richland, Lawrence, Crawford, Jefferson, Wayne, Edwards, Wa- 
bash, White, Hamilton and Gallatin. 

Third Circuit — The counties of Bond, Madison, St. Clair, Marion, 
Clinton, Washington, Randolph, Monroe and Perry. 

Fourth Circuit — The counties of Vermilion, Edgar, Clark, Coles, 
Douglass, Champaign, Piatt, Moultrie and Macon. 

Fifth Circuit — The counties of Sangamon, Macoupin, Christian, 
Montgomery, Fayette and Shelby. 

Sixth Circuit — The counties of Hancock, Adams, Fulton, McDonough, 
Schuyler, Brown and Pike. 

Seventh Circuit — The counties of DeWitt, Logan, Menard, Mason, 
Cass, Morgan, Scott, Green, Jersey and Calhoun. 

Eighth Circuit — The counties of Putnam, Marshall, Woodford, Taze- 
well, Peoria and Stark. 
. Ninth Circuit — The counties of Bureau, LaSalle, Will and Grundy. 

Tenth Circuit — The counties of Rock Island, Mercer, Henry, Hender- 
son, Warren and Knox. 

Eleventh Circuit — The counties of McLean, Ford, Kankakee, Iroquois 
and Livingston. 

Twelfth Circuit — The counties of Boone, DeKalb, McHenry, Lake, 
Kane, DuPage and Kendall. 

Thirteenth Circuit — The counties of JoDaviess, Stephenson, Winne- 
bago, Carroll, Whiteside, Ogle and Lee. 

§ 2. [Election of Judges.J The present judges of the Circuit 
Court shall be judges for the respective circuits in which the}^ niay 
reside. And on the first Monday in August, in the j^ear of our Lord, 
1877, there shall be elected in each of the said circuits hereby created, by 
the electors thereof, one additional circuit judge, making the number 
of judges in each of said circuits three. The notices for said election, 
the manner of holding and conducting the same, and canvassing the 
votes cast shall be as provided in an act entitled " An act in regard to 
elections, and to provide for filling vacancies in elective offices," ap- 
proved April 3, 1872 : Provided, That the terms of office of the judges 
elected under this act, on the first Monday of August, 1877, shall ex- 
pire on the first Monday of August, 1879. 



74 COURTS. 



§ 3. [Manner of Holding Court— Assignment of Judges.] The 
judges of the several circuits shall hold the Circuit Courts in their 
circuits, in such a manner as to best dispose of the business thereof, as 
they may arrange among themselves ; and in case such judges are 
unable to agree as to the manner of holding their courts, and as to the 
counties in which they are severally to preside, then they shall refer 
the matter to the Chief Justice of the Supreme Court, who shall 
assign said judges to such counties in their circuits, respectively, as 
he may determine ; and the Chief Justice of the State may assign 
any of said judges of the Circuit Court, when they are not occupied 
in holding court in their own circuits, to hold court in any other cir- 
cuit of the State where there may arise a necessity therefor. 

§ 4. [Term of Office.] On the first Monday of June, 1879, there 
shall be elected in each of said circuits, by the electors thereof, by 
general ticket, three judges of the Circuit Court, whose terms of office 
shall be six years ; and every six years thereafter there shall in like 
manner be elected in each of said circuits three judges of the Circuit 
Court, whose terms of office shall be as aforesaid. 

§ 5. [Repeal.] That all acts or parts of acts inconsistent with 
this act are hereby repealed. 

Approved June 2, 1877. 



supreme court reports. 

§ 1. Reports How and When Published and Distributed — Salary of Reporter — Price of Reports. 

An Act to regulate the reporting of the decisions of the Supreme Court of this 
State, to fix the compensation of the reporter, to fix the price of said reports, 
to provide for the purchase of certain cojjies thereof by the State and for their 
distribution. Approved May 17, 1877. In force July 1, 1877. 

Section 1. [Publication and Distribution of Reports — Price 
and Salary of Reporter.] Be it enactedby the People of the State of Illi- 
nois, represented in the General Assembly, That the reports of the decisions 
of the Supreme Court shall be distributed as follows, viz : 

Five copies to the Library of Congress, one copy to the President of 
the United States, one copy to each State and Territorial library, one 
copy to each Judge of the Supreme Court of this State, one copy to 
each Judge of the Circuits Courts in this State, one copy to each 
Judge of the Superior Court of Cook county, one copy to the Judge of 
each City Court in this State, one copy to each Clerk of the Courts of 
Record in this State, one copy to each Law Institute in this State, 
one copy to each State officer required to reside at the seat of govern- 
ment ; five copies shall be deposited in each library of the Supreme 
Court of this State, and twenty copies shall be deposited in the State 
Library, for the use of the State. For the purpose of carrying into 
effect the foregoing provisions, the Secretary of State is hereby 
authorized and required to purchase a sufficient number of copies of 
the official edition of said Illinois Reports, published since volume 



COURTS. 



numbered sixty-two (62), and each and every volume from time to 
time, as the same shall hereafter be published, for the purpose provi- 
ded as aforesaid, said books to be paid for, when certified by the Secre- 
tary of State, upon the warrant of the Auditor, by the State Treasurer, 
out of moneys appropriated for that ]3urpose. The price per volume 
of said reports, subsequent to volume sixty-two (62), heretofore pub- 
lished, and which may be published prior to the time this act shall 
take effect, shall not exceed three dollars and fifty cents ($3.o0) per 
volume, and all volumes of said reports which may be published after 
this act takes effect shall be furnished at a price not exceeding two 
dollars and twenty-five cents ($2.25) per volume, are to be delivered at 
the ofhce of the Secretary of State. The re]3orter of said decisions 
shall perform such duties, and in such manner as the SujDreme Court 
has or may, from time to time, by rule prescribe. He shall receive, as 
his compensation, a salary of six thousand dollars ($6,000) per annum, 
payable out of the State Treasury in quarter-yearly installments, up- 
on the warrant of the Auditor. It is hereby made the duty of the 
reporter, within four months after a sufficient number of opinions to 
constitute a volume shall be ready for delivery to him, to have the 
same printed and published in the style and manner, and of the size 
and quality required by the rules of the Supreme Court, and for such 
period as he may be in default, in that regard, he shall receive no 
salary unless the Supreme Court shall certify that said default could 
not have been avoided by the exercise of due diligence by said 
reporter. He shall keep constantly on hand, at the State Capital, a 
sufficient number of all volumes of such reports as may be published 
after this act shall take effect, to supply all demands therefor and 
shall sell the same at a price not exceeding two dollars and twenty- 
five cents ($2.25) per volume, and a neglect or refusal on his part to 
comply with this requirement shall be sufficient ground of removal 
from office, and shall work a forfeiture of his salary and clerk hire and 
all emoluments. In no event shall the State be liable for any portion 
of the cost of printing and publishing said reports, but the entire 
expense thereof shall be paid by the reporter. 
Approved May 17, 1877. 



CITY COURTS. 

g 5. Election and qualification of Judges— pow- I § 10. Terms of court. 

ers — vacancy. ' | g 21. City courts— how established. 

An Act to amend sections five (5), ten (10) and twenty-one (21) of an act 
entitled " An act in relation to courts of record in cities,^' ajjproved March 
26, 1874. Aj)proved May 21, 1877. In force July 1, 1877. 

Section 1. Be it enacted by the People of the State of JlUnow, represented 
in the General Assembly, That sections five (5), ten (10) and twenty-one 
(21) of an act entitled "An act in relation to courts of record in cities," 
approved March 26, 1874, be and the same are hereby amended so as to 
reed as follows: 



Y6 COURTS. 



§5. [Election and Qualification of Judges — Powers — Va- 
cancies.] The Judges of such courts, respectively shall be elected by 
the qualified voters of such city in the same manner that the city of- 
ficers of such city are elected, but not at the same time, and shall hold 
their offices for the term of four years, and until their successors are 
elected and qualified. They shall qualify and be commissioned in the 
same manner, be vested with the same powers, and perform the same 
duties as Circuit Judges, and be styled " Judge of the City Court of 
(name of city)." Vacancies in such office shall be filled for the unex- 
pired term at a special election, to be called and held by the same 
authority and in the same manner that other city elections may be 
held, where such unexpired term exceeds one year ; but where the 
same does not exceed one year, such vacancy shall be filled by appoint- 
ment by the Governor. 

§ 10. [Terms of Court.] There shall be two or more regular 
terms of such court in each year to be held at such times as may be 
fixed b}^ an order of the court from time to time, and entered of record, 
which order shall be published in some newspaper published in such 
city at least forty days before holding the first term of court under the 
same ; and said order shall not be changed subsequently, except by an 
order of court entered of record at the term preceding said change, 
and published in a like manner. Special terms may be called and 
held in the same manner and with like effect as special terms of the 
Circuit Courts and subject to the same limitations : Provided, That in 
the city of Chicago, should such a court be established therein, there 
shall be held a term of such court every month in the year commenc- 
ing upon the first Monday of each month and no order of court or 
publication shall be necessary in order to hold such terms. 

§ 21. [Courts — How Established.] A City Court consisting of 
one or more Judges, not exceeding five, and not exceeding one Judge 
for every fifty thousand inhabitants may be organized and established 
under this act in any city which contains at least three thousand in- 
habitants, Avhenever the common or city council shall adopt an ordi- 
nance or resolution to submit the question whether such court shall 
be established, consisting of one or more judges, not exceeding five, as 
may be specified in such ordinance or resolution, to the qualified voters 
of such city and two-thirds of the votes cast at the election shall be in 
favor of the establishment of such court. Where such court is estab- 
lished with more than one judge, each judge may hold a separate 
branch thereof at the same time, and when holding such separate 
branch, each judge may exercise all the powers vested in such court. 
Such election shall be held and conducted, the returns thereof made 
and canvassed, and the result declared in the same manner as other 
city elections. 

Approved May 21, 187~. 



COURTS. 77 

COUXTY COURTS. 
g 7. Law Jurisdiction. | § 123. Appeals and Writs of Error. 

An Act to amend sections seven (7) and ont hundred and twenty three 
{123) of an act entitled ^'■An Act to extend the jurisdiction of county 
courts, and to 'provide for the practice thereof, to fix the time for 
hotding the same, and to repeat an act therein named" approved 
March 26, 1874-. Approved May 21, 1877. In force July 1, 1877. 

Section 1. Be itenactedhy the People of the State of Illinois, representei 
in the General Assembly, That sections seven (7) and one hundred and 
twenty-three (123) of an act entitled " An Act to extend the jurisdic- 
tion of county courts and to provide for the practice thereof, to fix the 
time for holding the same, and to repeal an act therein named," ap- 
proved March 26, 1874, be and the same are hereby amended so as to 
read as follows : 

§ 7. [Law Jurisdiction.] The County Courts shall have concur- 
rent jurisdiction with the circuit courts in all that class of cases where- 
in justices of the peace now have or may hereafter have jurisdiction, 
where the amount claimed or the value of the property in controversy 
shall not exceed one thousand dollars ($1,000), concurrent jurisdiction 
in all cases of appeals from justices of the peace and police magis- 
trates : Provided, Appeals from the County Judge when sitting as jus- 
tice of the peace, shall be taken to the Circuit Court as now, and in all 
criminal offenses and misdemeanors where the punishment is not im- 
prisonment in the penitentiary or death, all of which shall be cogni- 
zable at the law terms hereinafter mentioned. 

§ 123. [Appeals and Writs of Error.] Appeals and writs of 
error may be taken and prosecuted from the final orders, judgments 
and decrees of the county court to the Supreme Court or appellate 
court, should such a court be established by law, in proceedings for the 
sale of lands for taxes and special assessments, and in all common law 
and attachment cases, and cases of forcible detainer and forcible entry 
and detainer. Such appeals and writs of error shall, when not other- 
Avise provided, be taken and prosecuted in the same manner as appeals 
from and writs of error to circuit courts. 

Approved May 21, 1877. 



'i 105. Law Terms. 

An Act to amend section one hundred and five of an act entitled^ An 
act to extend the jurisdiction of County Courts, and to provide for the prac- 
tice thereof, to fix the time for holding the same, and to repeal an act therein 
'iiamed,'^ approved March 26, 1874. Approved May 21, 1877. In force July 
1, 1877. 

Section 1. Be it enacted by the People ofi the State of Illinois, repre- 
sented in the General Assembly, That section one hundred and five 
of an act entitled " An act to extend the jurisdiction of County Courts, 



COURTS. 



and to provide for the practice thereof, to fix the time for holding the 
same, and to repeal an act therein nanied " approved March 26, 
1874, to wit : 

" Section 105, Whiteside, in June," be and the same is hereby 
amended so as to read : 

§ 105. Whiteside in January, May and October. 

Approved May 21, 1877. 



I 1. Law Terms. 

An Act to amend sections eighteen (18), tioenty-four (24), thirty-three (33), 
thirty-seven (2>1), forty-three (4.?)), forty -eight (48), fifty -nine (59), sixty-five 
(65), seventy-four (74), eighty-one (81), eighty-four (84), eighty-five (85), 
ninety-two (92), one hundred (100), one hundred and one (101), one hun- 
dred and five (105), one hundred and seven (107) and one hundred and 
sixty-three (163) of an act entitled''^ An act to extend the jurisdiction of County 
Courts, and to provide for the j:>ractice thereof, to fix the time for holding the 
same, and to repeal an act therein nam,ed,^^ approved March 26th, 1874. 
In force July l.sf.l874. Approved May 22, 1877. In force July 1, 1877 

Section 1. Be it enacted by the People of the State of Illkiois, 
represented in the General Assembly, That sections eighteen (18), 
twenty-four (24), thirty-three (33), thirty-seven (37), forty-three (43), 
forty-eight (48), fifty-nine (59), sixty-five (65), seventy-four (74), 
eighty-one (81), eighty-four (84), eighty-five (85), ninety-two (92), one 
hundred (100), one hundred and one (101), one hundred and five (105), 
one hundred and seven (107), and one handred and sixty-three (163), 
of said act be amended so as to read as follows : 

Champaign in January, May, August and November. 

Cook in January, Februar}^, March, April, May, June, July, 
August, September, October, November and December. 

Eflingham in June and November. 

Fulton in February and October. 

Hardin in February and August. 

Jasper in February and August. 

Lawrence in April and October. 

McLean in April, August and December. 

Mercer in January, April, July and October. 

Perry county, February and September. 

Pope in February. 

Pulaski in January, June and September. 

Schuyler in February and August. 

Wabash in October. 

Warren in February, April, July and October. 

Whiteside in January, May and October. 

Williamson in March, July, and December. 

Union in May and November." 
Approved May 22, 1877. 



§ 


18. 


§ 


24. 


§ 


33. 


-^ 


37. 


.^ 


43. 


5^ 


48. 


§ 


59. 


s 


65. 


s 


74. 


s 


81. 


s 


84. 


§ 


85. 


i^ 


92. 


^ 


100. 


^ 


101. 


^ 


105. 


s 


107. 


§ 


163. 



COURTS. 



79 



l 84. Law Terms. 

An Act to amend section 84 of an act entitled '^ An act to extend 
the jurisdiction of County Courts, and to provide for the practice there- 
of, to fix the time for holding the same, and to repeal an act therein named,'" 
approved March 2Qth, 1874. In force July 1st, 1874. Apj)roved May 22, 
1877. In force July 1, 1877. 

Section 1. Be it enacted by the People of the Stale of Illinois, rep- 
resented in the General Assembly, That section eighty-four (84), of an 
act entitled "An act to extend the jurisdiction of County Courts 
and to provide for the practice thereof, to fix the time for holding the 
same and to repeal an act therein named," approved March 26, 1874, 
in force July 1, 1874, be so amended as to read as follows : 

§ 84. Poj^e in February. 

Approved May 22, 1877. 



? 1. Law Term. 

An Act to amend section 21, of an act entitled ''''An Act to extend the ju- 
risdiction of County Courts, and to provide for the practice thereof, to fix the 
time for holding the same, and to repeal an act therein named," apjproved 
March 26, 1874. Approved May 22, 1877. In force July 1, 1877. 

Section 1. Be it enacted by the Peop)le of the State of Blinois, repre- 
sented in the General Assembly, That section twenty-one (21) of an 
act entitled "An act to extend the jurisdiction of the County Courts 
and to provide for the practice thereof, to fix the time for holding the 
same, and to repeal an act therein named," approved March 26, 1874, 
be and the same is hereby amended so as to read as follows : 

§ 21. Clay on the third Monday in October. 

Approved May 22, 1877. 



probate courts. 



§ 1. style of Court — SeaL 

j 2. Where to be held. 

^ 3. Election of Judge— Term of Office. 

i 4. Judge to take Oath. 

I 5. Jurisdictiou. 

i 6. Terms. 

i 1. Jury Trials — Fees of Juries. 

I 8. Practice and Pleadings. 

I 9. Duties of Sheriff. 

'i 10. When Judge interested. 

I 11. Appeals. 

^12. Appeals— Sales of Real Estate. 



? 13. Clerk— Election— Term. 

'f. 14. Clerk to give bond. 

'i 15. Clerk may appoint Deputy. 

I 16. Duties of Clerk. 

I 17. County Board— Stationery. 

g 18. Offices and Furniture. 

i 19. Books to be delivered to Successor. 

g 20. How Records to be Kept. 

i 21. Fees of Clerk. 

I 22. Clerks' Fees in Cook County. 

g 23. Salary of Judge. 

g 24. Vacancy, How Filled. 



An Act to establish Probate Courts in all counties having a pajmlation of one 
hundred thousand or more, to define the jurisdiction thereof, and regidate the 
practice therein, and to fix the time for holding the same. Approved April 
27, 1877. In force July 1, 1877. 

Section 1. Style of Court — Seal.] Be it enacted by the People of 
the State of Illinois, represented in the General Assembly, That there shall 
be established in each county of this State, now created and organ- 



go COURTS. 



ized, or which may be hereafter created and organized, and which has 
a population of one hundred thousand, or more, a court of record to be 
styled, " The Probate Coart of (name of) county." Such court shall 
have a seal and may from time to time, as may be necessary, renew or 
alter the same. The expense of such seal, and of renewing and alter- 
ing the same, shall be paid by the county. 

§ 2. [Where to be held.] Said courts shall be held in the court- 
houses of the respective counties in which they shall be established, 
or in the usual places of holding courts, or in suitable rooms provided 
therefor at the county seat. 

§ 3. [Election of Judge — Term of Office.] The Judge of said 
court in each county in which such court shall be established shall be 
elected on the Tuesday next after the first Monday in November, at 
the same election at which the County Judge is elected, and every 
fourth year thereafter, and shall enter upon the duties of his office on 
the first Monday of December after his election, and shall hold his 
office for a term of four years and until his successor is elected and 
qualified, and shall be known as the Probate Judge of (name of) 
county. 

§ 4. [Judge to T.4.IvE Oath.] The Probate Judge of each county in 
Avhich a probate court shall be established shall, before entering upon 
the duties of his office take and subscribe and file with the Secretary 
of State the oath required by the Constitution. 

§ 5. [Jurisdiction.] Probate courts shall have original jurisdiction 
in all matters of probate, the settlement of estates of deceased persons, 
the appointment of guardians and conservators and settlement of their 
accounts, and in all matters relating to apprentices, and in cases of 
the sales of real estate of deceased persons for the payment of debts. 
And as soon as such court is organized in any county, the county court 
of such county shall turn over to the probate court all of its probate 
records, and all files, books and pajDers of every kind relating to pro- 
bate matters in such count}' court, and all records, files and papers in 
matters of guardianship and conservators, and the Clerk of the pro- 
bate court shall be authorized to demand and receive from the County 
Clerk all such records, files, books and documents, and uj^on the receipt 
thereof, the probate court shall proceed to finish and complete all un- 
finished business relating to probate, guardianship and conservator 
matters in the manner provided by law. 

§ 6. [Terms of Court.] The terms of the probate court shall 
commence on the third Monda}^ of each month during the year, and 
shall be always open for the granting of letters testamentaiy, letters 
of administration and guardianship, and for the transaction of proltate 
business and all other matters of which it has jurisdiction, and shall 
continue open from day to day until all business before it is disposed 
of. 

§ 7. [Jury Trials — Fees of Jurors.] The probate court shall 
have the power to impanel a jury for the trial of issues or matters of 
fact in any matter or matters pending before the court, and for such 
purpose the court may at an}'- time, when it becomes necessary to have 
a jury direct the Clerk of said court to issue a venire for either six or 
twelve competent jurors and deliver the same to the Sheriff or Coroner 



COURTS. gl 



or any Bailiff of the court, who shall summon such jurors from the 
body of the county to be and appear before said court at any term or 
day named in such venire, and if by reason of non-attendance, chal- 
lenge or otherwise said jury shall not be full, the panel may be filled 
by talesmen. Said court shall have the same power to compel the 
attendance of jurors and witnesses as the circuit court has or may 
hereafter have, and jurors to act as such in said court shall possess 
the same qualifications and be entitled to the same privileges of ex- 
emption and subject to the same rules of challenge for cause or per- 
emptorily as jurors in the circuit courts of the State. When such 
jury shall be brought into said court the court may retain such jury 
during the term or any portion thereof, as may be necessary for the 
trial of any matter or matters of fact which in the discretion of the 
court requires a jury. The per diem and mileage of said jurors shall 
be the same as they are for jurors in the circuit court, to be paid out 
of the county treasury upon the presentation of a certificate of the 
Clerk of ^aid court, issued to each juror at the time of their discharge, 
certifying to the number of clays he may have attended court as a 
juror and the amount of juror fees and mileage due him. 

§ 8. [Practice and Pleadings.] The process, practice and plead- 
ings in said court shall be the same as those now provided, or which 
may hereafter be provided, for the probate practice in the county 
courts of the State, and all laws now in force, or which may hereafter 
be enacted, concerning wills or the administration of estates, shall 
govern and be applicable to the practice in the jDrobate courts of the 
State. 

§ 9. [Duties OF Sheriff.] The Sherift", in person or b}' his deput}', 
shall attend the sittings of the probate court of his county, preserve 
order in the same and execute the legal commands and process 
thereof. 

§ 10. [When Judge Interested.] Whenever the Probate Judge 
of any county is interested in the estate of any deceased person, and 
the letters testamentary or of administration shall be grantable in the 
county of such Judge, such estate shall be probated in the county 
court of such county, unless the County Judge be also interested, in 
which event the facts of such interest may be entered of record in the 
probate court of the county and certified to the circuit court of the 
county, and upon the filing of such certificate with the Clerk of the 
circuit court, such court shall have full and complete jurisdictiction 
in all matters pertaining to such estate under all laws of this State 
concerning the administration of estates or the probate of wills, and 
in all cases so transferred the Clerk of said circuit court shall have 
the same power in all matters of such estate, in term time or vaca- 
tion, that the Clerk of the probate or county court has. Provided, 
That, if the Probate Judge is only interested as a creditor, no change 
may be made except in relation to his claim. 

§ 11. [Appeals.] Appeals may be taken from the final orders, 
judgments and decrees of the probate courts to the circuit courts of 
their respective counties in all matters except in proceedings on 
tlie application of executors, administrators, guardians and conserva- 
tors for the sale of real estate, upon the appellant giving bond and se- 
—6 



82 COURTS. 

curit}^ in such amount and upon such condition as the court shall ap- 
prove, and upon such appeal the case shall be tried de novo. 

§ 12. [Appeals — Sale of Real Estate.] Appeals and writs of 
error ma}' be taken and prosecuted from the final orders and decrees 
of the probate court to the supreme court in proceedings on the ap- 
plication of executors, administrators, guardians and conservators for 
the sale of real estate. Such appeals and writs of error, when not 
otherwise provided, shall be taken and prosecuted in the same man- 
ner as api3eals from and writs of error to the circuit court. 

§ 13. [Clerk — Election — Term.] There shall be elected at the 
saiiie time as the Probate Judge is elected a Clerk of the probate court, 
who shall hold his office for a term of four years and until his succes- 
sor shall be elected and qualified. Before entering upon the duties of 
his office he shall take and subscribe the oath required by the consti- 
tution of the State. 

§ 14. [Clerk to give Bond] Every such Clerk shall, before en- 
tering upon the duties of his office, give bond with two or more sure- 
ties, to be approved by the Judge of the court of which he is Clerk- 
which bond shall be in such penalty, not less than five thousand dol- 
lars ($5,000), as may be determined by such Judge, payable to the Peo- 
ple of the State of Illinois, and conditioned for the faithful perform- 
ance of the duties of his office and to pay over all moneys that may 
come to his hands by virtue of his office to the parties entitled there- 
to, and to deliver up to his successor in office all moneys, papers, books, 
records and other things appertaining to his office whole, safe and un- 
defaced, which bond shall be copied at large upon the records of the 
court and then filed in the office of the Secretary of State, upon which 
such Clerk shall be immediately commissioned by the Governor and 
enter upon the duties of his office. 

§ 15. [Clerk may Appoint Deputy.] Every such Cleik shall at- 
tend in person to the duties of his office when it is practicable so to 
do, and perform all the duties thereof which can reasonably be per- 
formed by one person : Provided, however, He may. when necessar}'', ap- 
point deputies, who shall take the same oath or affirmation as is re- 
quired of the principal Clerk, which shall be entered at large upon 
the records of the court, and the principal Clerk shall in all cases be 
responsible for the acts' or omissions of his deputies. 

§ 16. [Duties of Clerk.] Every such Clerk shall attend the 
sessions of their respective courts, issue all process thereof, preserve all 
the files and papers thereof, make, keep and preserye complete records 
of all the proceedings and determinations thereof, and do and perform 
all other duties pertaining to their said offices, as may be required by 
law or the rules and orders of their courts respectively, and shall enter 
of record all judgments, decrees and orders of their respective courts 
before the final adjournment of the respective terms thereof or as 
soon thereafter as practicable. 

§ 17. [County Board— Stationery.] It shall be the duty of the 
County Board of every county in which there shall be established a 
probate court in pursuance of this act, to provide the Clerk thereof 
with all necessary blanks, books, stationery, pens and ink for their 
respective offices, the same to be paid for out of the county treasury, 



COURTS. 33 



and in case such supplies should not be so furnished, then the Clerk 
of such court shall furnish the same from time to time as may be ne- 
cessarj-, the cost thereof to be allowed by the County Board and paid 
out of the county treasury. 

§ 18. [Offices and Furniture.] The necessary rooms, office and 
furniture, the proper vaults or other safe means of keeping the archives 
of their respective offices shall be provided for the Clerks of the pro- 
bate courts in their respective counties by the county and the cost 
thereof paid out of the county treasury. 

S 19. [Books to be Delivered to Successor.] It shall be the 
duty of the probate clerk to deliver over to his successor in office, and 
of his successor to demand and receive from him, all the books, papers, 
records and other things appertaining to his office, or in his possession 
by virtue of his office, and should he refuse or neglect to do so, the court 
shall have j^ower to use such compulsory process and take such meas- 
ures as may be necessary to compel the delivery as aforesaid, according 
to the true intent and meaning hereof. 

§ 20. [How Records are Kept.] In all matters concerning the 
probate of the estates of deceased persons, the granting of letters testa 
mentary or of administration, letters of guardianship, the manner of- 
keeping the records of said court, the form of docket entries, journals, 
fee books, memorandums, the form of process, the recording of papers 
and documents connected with any matter of which said court has 
jurisdiction, the clerk of said court shall be governed by and follow all 
laws now in force, or which may hereafter be enacted, concerning sim- 
ilar matters in the county courts of the State. 

§ 21. [Fees of Clerk.] The clerk of the probate court shall charge 
and collect for each official act the same fees as are allowed to clerks of 
the county courts of the State in probate matters, which fees shall be 
charged in accordance with the laAvs now in force or which may here- 
after be enacLed concerning fees and salaries, and according to the class 
to which the county belongs. Such clerk shall keep full, true and cor- 
rect accounts of all fees collected by him and report the same in accord- 
ance with said laws, for the keeping of which accounts no fees shall 
be allowed such clerk, and the same shall be open for inspection by 
the county board, in accordance with said laAvs, and all fees in excess 
of the compensation allowed to such clerk, and necessary clerk hire 
and other expenses, shall be paid into the county treasury in accord- 
ance with said laws concerning fees and salaries. 

§ 22. [Clerk's Fees in Cook County.] Clerks of the probate 
court shall receive such compensation or salary as shall be allowed 
them by the county board, together with the amount of their neces- 
sary clerk hire, stationery, tuel and other expenses, in accordance with 
the provisions of the constitution : Provided, That in the county of 
Cook the probate clerk shall receive, aside from clerk hire, necessary 
expenses for fuel and stationery, the sum of three thousand dollars 
($3,000) per annum, as his only compensation, to be paid out of the fees 
of his office. 

§ 23. [Salary of Judge.] Probate judges shall be allowed such 
salary as shall be fixed by their respective county boards, to be paid 
out of the county treasurv. 



34 COURTS. 



§ 24. [Vacancy — How Filled.] When a vacancy shall occur in 
the office of Judge of the probate court of any county, the clerk of the 
court in which the vacancy exists shall notify the Governor of such 
vacancy. If the unexpired term of the office made vacant is less 
than one year, at the time the vacancy occurs, the Governor shall fill 
such vacancy by appointment; but if the unexpired term exceeds 
one year, the Governor shall issue a writ of election as in other cases 
of vacancy to be filled by election. 

Approved April 27, 1<S77. 



THE RECORDER'S COURT IN THE CITY OP EL PASO. 

i 1. Act establishing Court repealed. I § 3. Emergency. 

§ 2. Papers, etc., transferred to Woodford 

county Circuit Court. | 

An Act to repeal an act entitled " An ad to establish a Recorder s 
Court in the city of El Paso,''' apjoroved 3Iarch 6th, 1869, and to 
repeal an act entitled ^'■An act supplemental to an act entitled ' A7i 
act to establish a Recorder's Court in the City of Bt Paso,' " ay- 
proved March 6, 1869, and to provide for the turning over to the 
Circuit Court of Woodford county of the records, books, dockets, fdes 
and papers of the said Recorder s court of the city of El Paso, and 
to authorize and empower the Circuit Court of Woodford county, to 
make alt orders necessary to carry into effect all judgments, orders 
and decrees of said Recorder's court, and to authorize the Clerk of 
the Circuit Court of Woodford county to issue all necessary process 
to carry into effect all unsatisfied judgments and decrees of said Re- 
corder's court. Ap)yrored and in force March S6, 1877. 

Section 1. [Repeal of Act.] Be it enacted by the People of the State 
of Illinois, represented in the General Assembly, That an act entitled '' An 
act to establish a Recorder's court in the city of El Paso," approved 
March 6th, 1869, and an act supplemental thereto entitled ' An act 
supplemental to an act entitled "An act to establish a Recorder's 
court in the city of El Paso," aj^proved March 6th, 1869, be and the 
same are each hereby repealed. 

§ 2. [Transfer of Papers, Etc] All records, dockets, files, books 
and papers belonging or appertaining to said Recorder's court of the 
city of El Paso shall be by the clerk thereof transferred and turned 
over to the Clerk of the Circuit Court of Woodford county, and the 
Clerk of said Circuit Court of Woodford county is hereby authorized 
and empowered to demand and receive of the Clerk of said Recorder's 
court of the city of El Paso all such records, dockets, files, books and 
papers, and the same shall be kept by said Circuit Clerk as the other 
records, dockets, files, books and papers in his office, and said Clerk 
shall issue all process necessary to carry into effect all unsatisfied 
judgments and decrees of said Recorder's court, and the Circuit Court 
of W«x>dford county is hereby empowered and authorized to make all 



CRIMINAL CODE. 3,5 



orders necessary to carry into effect all judgments, orders, and decrees 
of said Recorder's court in the same manner and Avith the same power 
and effect as if said judgments, orders and decrees had been originally 
entered or rendered in said Circuit Court. 

§ 3. [Emergency.] An emergency is hereby declared to exist, and 
therefore this act shall take effect and be in force from and after its 
passage. 

Approved March 26, 1877. 



CRIMINAL CODE. 



BURGLARY. 

'i 36. Punishment. 

Ax Act to amend section 36 of an act entitled '•^ An act to revise the 
law in relation to criminal jurisjoradence" approved Marr-h. 27, 
1874. Approved AprU 10,1817. In force July 1, 1817. 

Section 1. Beit enacted by the People of the State of Illinois, represented^ 
in the General Assembly, That section thirty-six (36) of an act entitled 
" An act to revise the law in relation to criminal jurisprudence," ap- 
proved March 27, 1874, be and the same is hereby amended so as to 
read as follows : 

§ 36. [ PuNisii.MENT. ] \Vhoever willfully and maliciously and 
forcibly breaks and enters, or willfully, and maliciously, without force 
(the doors or windows being open), enters into any dwelling house, 
kitchen, office, shop, storehouse, warehouse, malt house, stillinghouse. 
mill, pottery, factory, wharf boat, steamboat or other water craft, freight 
or passenger railroad car, church, meeting house, school house, or other 
building, with intent to commit murder, robbery, rape, mayhem, or 
other felony, or larceny, shall be deemed guilty of burglary, and be 
imprisoned in the penitentiary for a term not less than one year, nor 
more than twenty years." 

Approved, April 10. 1877. 



LARCENY. 

'i 168. Punishment — Value of Property. 

An Act to amend section 168 of an act entitled '' An. act to revise the. 
law in relation to criminal jurisprudence" api^rovcd March 27, 
1874. Approved AprU 10, 1877. In force .Jaly 1, 1877. 

Section 1. Be it enacted by the People of the State of Illinois, represent- 
ed in the General Assembly, That section one hundred and sixty-eight 
(168) of an act entitled " An act to revise the law. in relation to crim- 



^Q CRIMINAL CODE. 



inal jurisprudence," approved March 27, 1874, be, and the same is 
hereby amended to read as follows, to-wit : 

§ 168. [Punishment — Value of Property.] Every person con- 
victed of the crime of larceny, if the property stolen exceeds the value 
of fifteen dollars, shall be imprisoned in the penitentiary not less than 
one nor more than ten years ; if the value of the property stolen is fif- 
teen dollars or less, he shall be confined in the county jail not ex- 
ceeding one year and fined not exceeding one hundred dollars." 

Approved April 10, 1877. 



MALICIOUS MISCHIEF. 
§ 186. To railroads. 

An Act to amend an act entitled " An act to revise the lair in relation 
to crimincd jurisprudence^" approved 3farch 27, 1874. Approved 
May 23, 1877. In force July 1, 1877. 

Section 1. Be it enacted by the People of the State of Illinois, represented 
in the General Assembly, That section one hundred and eighty-six (186), 
of chapter thirty-eight (38), of an act entitled "An act to revise the 
law in relation to criminal jurisprudence," approved March 27, 1874, 
be amended so as to read as follows : 

§ 186. [To Railroads.] Whoever willfully and maliciously dis- 
places or removes any switch, signal or rail of any railroad, or breaks 
down, rips up, injures or destroys any track, bridoe or other portion 
of any railroad, or places any obstructions thereon, or places any false 
signal upon or along the line of any railroad track, or does any act to 
or with any engine, machine or car of such railroad, Avith the intent to 
obstruct or prevent the use and operation of such railroad, or with the 
intent that any person or property being or passing on or over such 
railroad should be injured thereby, shall be imprisoned in the peni- 
tentiary not less than one nor more than five years. Or if, in conse- 
quence of any such act, done with such intent, any person being or 
passing on or over such railroad, suffers any bodily harm, or any prop- 
erty is injured, the person so.oft'ending shall be imprisoned in the peni- 
tentiary not less than three nor more than ten years. And if, in conse- 
quence of any such act, done with such intent, any person is killed, 
the persons so offending shall be deemed guilty of murder and punished 
accordingly. 

Approved May 23, 1877. 



CRIMINAL CODE. gj 



TAKING ILLEGAL FEES. 
i 21o. Penalty for taking Illegal Feep. 

An A-Ct to amend section 213 of an act entitied " An. act to rccise the 
law in relation to criminal jurisprudence,''' ajrproved March 27, 1874. 
Apjjroved 3fay 25, 1877. ' Tnflrce July 1, 1877. 

Section 1. Be it enacted by the People of the State of Illinois, represented 
in the General Assembly, That section two hundred and thirteen, of 
an act entitled " An Act to revise the law in relation to criminal 
jurisprudence," approved March 27, 1874, be amended so as to read as 
follows : 

§ 213. [Penalty for Taking Illegal Fees.] If any officer 
authorized by law to charge or receive fees, salary or pay, shall charge, 
claim, demand, or take any greater fee, salary or pay, than such as is 
by law allowed to him for the service performed, or shall charge, claim, 
demand or take any fee, salary or pay, or shall knownngly charge an}' 
fee, salary or pay, when no fee, salary or pay is allowed him by law, 
or when the services for which such fee, salary or pay is charged, have 
not been performed by him, or by some other person for him, he shall, 
on conviction under this section, for the first offense, be fined in any 
sum not less than twenty-five dollars, nor more than two hundred 
dollars, and upon conviction for a second or any subsequent offense 
under this section, he shall forfeit his office, and shall be confined in 
the county jail not less than thirty days, nor more than one year. 

Approved May 25, 1877. 



.vagabonds. 

g '270. Vagabonds— What shall constitute. | § 271. How punished. 

An Act to amend an act entitled " An act to revise the lau: in relation 
to criminal jurisprudence,''' approved 3Iarch 27, 1874. Approved 
AprU 27, 1877. In force Julyl, 1877. 

Section 1. Beit enacted by the People of the State of Illinois, 'represented 
in the General Assembly, That sections two hundred and seventy and 
two hundred and seventy-one of " An act to revise the law in rela- 
tion to criminal jurisprudence," approved March 27, 1874, be and 
the same hereby are so amended as to read as follows : 

§ 270. [Vagabonds — What Shall Constitute.] All persons who 
are idle and dissolute, and who go about begging ; all persons who use 
any juggling or other unlawful games or plays ; runaAvays ; pilferers ; 
confidence men; common drunkards; common night-w\ilkers; lewd, 
wanton and lacivious persons, in speech or behavior ; common railers 
and brawlers ; persons who are habitually neglectful of their employ- 
ment or their calling, and do not lawfully provide for themselves, or 
for the support of their families ; and all persons who are idle or dis- 
solute and who neglect all lawful business, and who habitually mis- 
spend their time by frequenting houses of ill-fame, gaming houses 



gg CRIMINAL CODE. 



or tippling-sliops ; all persons lodging in, or found in the night- 
time in out-houses, sheds, barns or unoccupied buildings or lodging 
in the open air, and not giving a good account of themselves; and all 
persons who are known to be thieves, burglars or pick-pockets, either 
by their own confession or otherwise, or by having been convicted of 
larceny, burglary, or other crime against the laws of the State, pun- 
ishable by imprisonment in the State prison, or in a house of correc- 
tion of any city, and having no lawful means of support, are habitu- 
ally found prowling around any steamboat landing, railroad depot, 
banking institution, broker's office, place of public amusement, auc- 
tion room, store, shop or crowded thoroughfare, car or omnibus, or at 
any public gathering or assembly, or lounging about any court 
room, private dwelling houses or out-houses, or are found in any 
house of ill-fame, gambling house, or tippling-shop, shall be deemed 
to be and they are declared to be vagabonds. 

§ 271. [How Punished.] It shall be the duty of the sheriff, con- 
stable, city marshal and police officers of any county, town, village, 
city or other municipality in this State, to arrest upon view, or acting 
at the request of any person : Provided, such person shall have first 
made a written complaint and obtained a warrant from an officer au- 
thorized to issue one for the arrest of any such vagabond, to arrest and 
bring before the nearest justice of the peace or police justice, any such 
vagabond wherever he may be found, for the purpose of an examina- 
tion ; and the said sheriff, constable, city marshal, police officer or 
other officer, shall then and there make complaint against such vaga- 
bond ; and the said justice of the peace or police justice shall, within 
thirty-six hours thereafter, proceed to try the person accused of being 
a vagabond; and if he pleads guilty, or if he be found guilty, the said 
justice of the peace, or police justice may sentence the said vagabond 
to imprisonment at hard labor upon the streets or highways or in the 
jail, calaboose or other building used for penal purposes of the county, 
town, village, city or other municipalitj^ in which such vagabond was 
convicted, or to the house of correction of any city having a contract 
with such county for the care of prisoners, for a term of not less than 
ten days and not exceeding six months in the discretion of the said 
justice of the peace, or police justice ; or the said justice of the peace, 
or police justice may sentence the said vagabond to pay a fine of not 
less than twenty dollars, nor more than one hundred dollars, and costs 
of suit ; and in default of the immediate payment of said fine and costs 
so imposed, said vagabond shall thereupon be sentenced to imprison- 
ment at hard labor in said jail, calaboose, or other building used 
for penal purposes, or in said house of correction, or on the streets 
or public highways, for a term of not less than five days, nor more 
than six months, by the said justice of the peace or police justice. 
In all complaints under this act, the complainant shall set forth 
the name of the offending person if he can obtain the same; the 
place and date of the offense, and shall also set forth such other 
facts as will, if substantiated by competent witnesses, establish 
the guilt of the prisoner. The justice may cause to be subpoe- 
naed such witnesses as the defendant may request, and may 
be found within the jurisdiction of such officer issuing such writ 
of arrest, and the complaint shall be signed and sworn to by the com- 



CRIMINAL CODE. gQ 



pla'inant. In all cases under this act the justice shall make a full 
record of the case, giving the date of the complaint, and of the oflense, 
name of the defendant, if known, and character of the charge ; the 
names of all witnesses examined and his findings, together with all 
other proceedings had in the case; and when he shall commit any 
vagabond to the jail, calaboose, or other building used for penal pur- 
poses, as hereinbefore stated, or to the house of correction of any city, 
he shall make out a mittimus and sign the same, directing the same 
in the name of the People of the State of Illinois, to the sheriff of the 
county, or to the superintendent of the house of correction of the city 
or to any officer having charge of any such jail, calaboose or building 
used for penal purposes as aforesaid, as the carse may be, which said 
mittimus must show the date of the charge, name of the complainant, 
name of the defendant if known, the offense charged, names of all wit- 
nesses examined, 'date and place of trial, the finding of the court, and 
the sentence imposed; and it shall command the said sheriff or the 
said superintendent of the house of correction or any other such officer 
as aforesaid as the case may be, to receive and to keep the body of the 
said defendant, as said mittimus may provide until the expiration of 
the time specified in the sentence, or until he be discharged by due 
process of law, which said mittimus shall be sufficient warrant to the 
said sheriff or to the said superintendent of the house of correction, 
or other officer as the case may be, to hold the body of the said defend- 
ant, as by the terms of sentence as in such mittimus commanded : 
Provided, that nothing herein shall be construed to prohibit the officer 
in charge of any such jail, calaboose, house of correction or other 
building used for penal purposes, from compelling such prisoner to 
work at reasonable labor for the benefit of any such county, town, vil- 
lage, city or other municipality wherein said prisoner may have been 
convicted. 

Approved April 27, 1S77. 



WITNESSES. 
§ 272. Causing witness to abseoiifl. 

An Act to amend section 272 of division one (1) of an act entitled '■'An act 
to revise the law in relation to criminal jurisprudence,'''' approved March 
27,1874. A2)proved3Iay 22, 1877. In force July 1, 1877. 

Section 1. Be it enacted by the People of the State of Illinois, represented 
in the General Assembly, That section 272, of division one (1) of said 
act, be amended to read as follows : 

§ 272. Whoever, by hiring, persuasion, or otherwise, induces any 
tvitness in any criminal cause, or any person having knowledge of any 
fact tending to show the guilt or innocence of any person suspected 
or charged with having committed a crime, to leave the State or 
secrete himself so that he cannot be produced as a witness at any ex- 
amination or trial of the person so suspected or charged, or whoever 
having knowledge of any fact tending to show the guilt or innocence 
of any person suspected or charged with having committed a crime, 



90 CRIMINAL CODE. 



takes any money or valuable consideration or gratuity, or promise 
therefor, upon an agreement or understanding, expressed or implied, 
not to testify or give evidence of such fact, or to leave the State, or to 
secrete himself so that he cannot be produced as a witness at any ex- 
amination or trial of the person so suspected or charged, shall be fined 
not exceeding $1,000 or confined in the count}- jail not exceeding one 
year, or both. 

Approved May 22, 1S77. 



TO PREVENT AND PUNISH WRONjS TO CHILDREN. 

g 1. Unlawful Einplovment. I ? 4. Endansre ring life or health. 

I 2. Unlawful to Exhibit. 'i o. Penalty. 

'i 3. Order as to Custody. | ' 

An Act to jyrevent and j^unish ivrongs to Children. Approved May 17^ 1877. 

In force July 1, 1877. 

Section 1. [Unlawful Employment.] Be it enacted by the People 
of the State of Illinois, 'represented in the General Assembly, It shall be un- 
lawful for any person having the care, custody or control of any child 
under the age of fourteen years, to exhihit, use or employ, or in any 
manner, or under any pretense, sell, apprentice, give away, let out, or 
otherwise dispose of, any such child to any person in or for the voca- 
tion or occupation, service, or purpose of singing, playing on musical 
instruments, rope or wire Avalking, dancing, begging or peddling, or as 
a gymnast, contortionist, rider or acrobat in any place whatsoever, or 
for any obscene, indecent or immoral purpose, exhibition or practice 
whatsoever, or for, or in an j^ business, exhibition or vocation injurious 
to the health or dangerous to the life or limb of such child, or cause, 
procure, or encourage any such child to engage therein. Nothing in 
this section contained shall apply to, or affect the employment or use 
of any such child as a singer or musician in any church, school or 
academy, or at any respectable entertainment, or the teaching or 
learning the science or practice of music. 

§ 2. [Unlawful to Exhibit.] It shall also be unlawful for any 
person to take, receive, hire, employ, use, exhibit, or have in custody 
any child under the age and for tlie purposes prohibited in the first 
section of this act. 

§ 3. [Order as to Custody.] When upon examination before any 
court or magistrate it shall appear that any child within the age pre- 
viously mentioned in this act was engaged or used, for or in any busi- 
ness, or exhibition, or vocation, or purpose prohibited in this act ; 
and when upon the conviction of any person of a criminal assault 
upon a child in liis or her custody, the court or magistrate before 
whom such conviction is had, shall deem it desirable for the welfare 
of such child, that the person so convicted should be deprived of i'ts 
custody ; thereafter such child shall be deemed to be in the custody of 
court, and such court or magistrate may, in its discretion, make such 
order as to the custody thereof as now is, or hereafter may be, provided 
by law in cases of vagrant, truant, disorderly, pauper, or destitute 
children. 



CRIMINAL CODE. g| 



§ 4. [Endangering Life or Health.] It shall be unlawful for 
any person having the care or custody of any child, willfully to cause 
or permit the life of such child to be endangered, or the health of 
such child to be injured, or willfully cause or permit such child to be 
placed in such a situation that its life or health may be endangered. 

§ 5. [Penalty.] Any person convicted under the provisions of the 
preceding sections, shall for the first offense be fined not exceeding one- 
hundred dollars or imprisoned in the county jail not exceeding 
three months, or both, in the discretion of the court ; and upon con- 
viction for a second or any subsequent offense shall be fined in any 
sum not exceeding five hundred dollars, or imprisonment in the 
penitentiary for a term not exceeding two years, or both, in the dis- 
cretion of the court. 

Approved May 17, 1877. 



coloring grain. 

I 1. Coloring grain. | § 3. Penalty. 

i 2. Shall not keep for sale. I g 4. How tines collected. 

An Act to prevent frauds in the coloring of grain. Apjjroved May 25, 1877- 

In force July 1, 1877. 

Section 1. [Coloring Grain.] Be it enacted by the People of the State 
of Illinois, represented in the General Assembly, That no person shall subject, 
or cause to be subjected, any barley, wheat, or other grain to fumiga- 
tion, by sulphur, or other material, or to any chemical or coloring pro- 
cess, whereby the color, quality or germ of such grain is affected. 

§ 2. [Not to be on Sale.] No person shall offer for sale, or procure 
to be sold, any barley, wheat, or other grain, which shall have been 
subjected to such fumigation, or other process, as provided in section 
one (1) of this act, knowing such barley, wheat, or other grain to 
have been so subjected. 

§ 3. [Penalty.] Any person violating the provisions of this act 
shall, upon conviction, be punished by fine of not less than one hun- 
dred ($100) dollars, nor more than one thousand ($1,000) dollars, and 
imprisonment not exceeding three months in the county jail, and 
shall also be liable for all damages sustained by any person injured 
by such violation. 

§ 4. [How Fines Collected.] Any court of record shall have 
jurisdiction over this act, and all fines under this act, shall be collect- 
ed as the statute provides in other criminal cases. 

Approved May 25, 1877. 



92 CRIMINAL CODE. 



CONSPIRACY. 
? 1. To define and punish. 

Ax Act tn define and j^unlsh Conspiracies in the State of IlUnoi><. Approved 
April 19, 1877. In force July 1, 1877. 

Section 1. [To Define and Punish.] Be it enacted by the People 
of the State of Illinois, represented in the General Assembly^ That if two or 
more persons conspire eitlier to commit any offense against the State 
of Illinois, or any count}', incorporated city, village, town or township 
thereof, or to defraud the State of Illinois, or any county, incorporated 
city, village, town or township thereof, in any manner, or for any 
purpose, and one or more of such parties, do any act to effect the ob- 
ject of the conspiracy, all parties to such conspiracy shall be liable to 
a penalty of not less than one hundred dollars, and not more than five 
thousand dollars, and to be imprisoned either in the penitentiary or 
county jail for any period not exceeding two years. The time and 
place of confinement and the amount of the fine, to be determined by 
the jury trying the cause. Provided, However, this act shall not be 
construed to modify or repeal any other law now in force in this State. 
Approved Anril 19, 1877. 



extravagance IN' expenditure of money on public works. 

'■f, 1. Changing specifications, etc. I § fi. Prosecution— Complaint — Affidavit. 

^ 2. Expending money without title to land. | § 3. State's attorney to prosecute — Indictment. 

An Act to punish fraud or extravagance in the expenditure of moneys appro- 
priated for Pithlic Improvements. Approved Mav 28, 1877. In force July 
1, 1877. 

Section 1. [Changing Specifications so as to Increase Expense.] 
Be it enacted by the People of the State of Illinois, represented in the General 
Assembly. That whenever the General Assembly shall pass any enact- 
ment for the construction or repair of any public work or improve- 
ment, of the State, of any character or name whatsoever, and the said 
enactment shall have become a law, and plans, specifications and esti- 
mates for the construction or repair of said public work or improve- 
ment have been submitted to and approved by the authorities desig- 
nated in said law, and an appropriation has been made to defray the 
estimated expense thereof; any person or persons, commissioner or 
commissioners, or other officer or officers, entrusted wdth the execution 
of said public wa)rk or improvement, who shall so change, alter or 
modify, or permit or connive at such change, alteration or modifica- 
tion by any person or persons under his or their direction or control, 
•directly or indirectly, so as to incur a greater cost and expense in 
the construction or repair of such public work or improvement, than 
was specified by the law authorizing it, and the appropriation made 
in pursuance thereof, shall be deemed guilty of a misdemeanor, and 
upon conviction thereof, in the manner hereinafter provided, shall be 
fined in a sum not more than five hundred dollars, or punished by 



CRIMINAL CODE. 93 



imprisonment in the county jail for a term of not more than twelve 
month, or by both fine and imprisonment within the limits specified 
in this gection, at the discretion of the court before which he or they 
may be tried. 

§ 2. [Spending Money Without Obtaining Title to Land.] Any 
personorpersons, commissioner or commissioners, or other officer or oflfi- 
cers, entrusted with the construction or repair of any public work, 
or improvement, as set forth iu section one of this act, who shall 
expend or cause to be expended upon such public work or improve- 
ment, the whole or any part of the moneys appropriated therefor, or 
who shall commence work, or in any wise authorize work to be com- 
menced thereon, Avithout first having obtained a title, by purchase, 
donation, condemnation or otherwise, to all lands needed for such pub- 
lic work or improvement, running to the People of the State of Illi- 
nois ; said title to be approved by the Attorney General, and his 
approval certified by the Secretary of State and placed on record in 
his office, shall be deemed guilty of a misdemeanor, and upon convic- 
tion thereof in the manner hereinafter provided, shall be punished by 
a fine of not more than $500, or by imprisonment in the county jail 
for a term of not more than one year, or by both fine and imprison- 
ment, at the discretion of the court before which he or thoy may be 
tried. 

§ 3. [Prosecution — Complaint — Affidavit.] Any person or per- 
sons, commissioner or commissioners, or other officer or officers, as 
aforesaid, may be prosecuted in any circuit court of this State, or in 
any other court having concurrent jurisdiction therewith in criminal 
cases, on complaint of two or more reputable citizens being filed in 
the office of the clerk of said court; such complaint to be verified by 
affidavits. 

§ 4. [State's Attorney to Prosecute — Indictment.] It shall be 
the duty of the State's Attorney of the county in which such com- 
plaint and aflfidavits are filed, to present the same to the grand jury, 
at the next regular term of court after the filing thereof, and if said 
grand jury shall indict the person or persons so complained of, it shall 
further be the duty of said State's Attorney to prosecute and try the 
alleged offender, or offenders. 

Approved May 28, 1877. 



DESCENT. 
5 1. Rules of Descent. 

An Kct to amend section one of an act entitled '' yl/i act in regard to the 
descent of property,^'' approved April 9, 1872, in force July 1, 1872. Aj)- 
provedMay 25, 1877. In force July 1, 1877. 

Section 1. Be it enactedby the People of the State of Illinois, represented 
in the General Assembly, That section one of an act entitled "An act 
in regard to the descent of property," approved April 9, 1872, in 
force July 1, 1872, be amended so as to read as follows : 



<)4 CRIMINAL CODE. 



§ 1. [Rules of Descent.] That estates, both real and personal, 
■of residents and non-resident proprietors in this State d3ang intest- 
ate, or whose estates or any part thereof shall be deemed and taken as 
intestate estate, after all just debts and claims against such estates are 
fully paid, shall descend to and be distributed in manner following, 
to-wit : 

First. To his or her children and their descendants, in equal parts ; 
the descendants of the deceased child or grand-child taking the share 
of their deceased parents in equal parts among them. 

Second. When there is no child of the intestate, nor descendant of 
such child, and no widow or surviving husband, then to the parents, 
brothers and sisters of the deceased and their descendants, in equal 
parts among them, allowing to each of the parents, if living, a child's 
part, or to the survivor of them if one be dead, a double portion ; and 
if there is no parent living, then to the brothers and sisters of the 
intestate, and their descendants. 

Third. When there is a widow or surviving husband, and no child 
or children, or descendants of a child or children of the intestate, then 
(after the payment of all just debts) one-half of the real estate and the 
whole of the personal estate shall descend to such widow or surviving 
husband as an absolute estate forever, and the other half of the real 
estate shall descend as in other cases, where there is no child or chil- 
dren or descendants of a child or chidren. 

Fourth. When there is a widow or a surviving husband, and also a 
child or children or descendants of such child or children of the in- 
testate, the widow or surviving husband shall receive, as his or her 
absolute personal estate, one-third of all the personal estate of the in- 
testate. 

FiftJi. If there is no child of the intestate or descendant of such 
child, and no parent, brother or sister or descendant of such parent, 
brother or sister, and no widow or surviving husband, then such estate 
shall descend in equal parts to the next of kin to the intestate in 
equal degree, (computing by the rules of the civil law), and there 
shall be no representation among collaterals, except with the descend- 
ants of brothers and sisters of the intestate ; and in no case shall there 
be any distinction between the kindred of the whole and the half 
blood. 

SixtJi. If an}' intestate leaves a widow or surviving husband and no 
kindred, his or her estate shall descend to such widow or surviving 
husband. 

Seventh. If the intestate leaves no kindred, and no widow or hus- 
band, his or her estate shall escheat to and vest in the county in 
which said real or personal estate, or the greater portion thereof is 
situated. 

Approved May '25, 1877. 



CRIMINAL CODE. 



95 



DIVORCK. 

j 1. To punish advertising for divorces. 

An Act to Punish the Offense of Advertising for Divorces. Approved April 
12, 1877. In force July 1, 1877. 

Section 1. [To Punish Advertising for Divorces.] Be it en- 
acted by the People of the the State of Illinois, represented in the General As- 
sembly, That whoever advertises, prints, publishes, distributes or cir- 
culates, or causes to be advertised, printed, published, distributed, or 
circulated, any circular, pamphlet, card, hand-bill, advertisement, 
printed paper, book, newspaper, or notice of any kind, with intent to 
procure, or to aid in jjrocuring any divorce, either in this State or else- 
where, shall be fined not less than one hundred dollars (SlOO), nor 
more than one thousand dollars (Si, 000) for each offense, or imprisoned 
in the county jail not less than three months nor more than one year, 
or both in the discretion of the Court. This act shall not apply to the 
printing or publishing of any notice, or advertisement required or 
authorized by any statute of the State of Illinois. 

Approved Ajsril 12, 1877. 



dr. 4 in AGE. 



? 1. 

^ 2. 
S o. 



f: 9. 

;; 10. 

'?. n. 

e 12. 



Petition. 

Dram or Ditch— How constructed. 

Compensation for property taken. 

What petition shall state. 

Parties defendant. 

Notice — Hearing . 

Service of summons and publication. 

Hearing of cause. 

Where there are separate parcels of land. 

Amendments. 

Defense — Pleading. 

New parties. 



§ 13. 
i 14. 
I 15. 
§ 16. 

'i l"- 
?. 18. 
^ 19. 
I 20. 
i 21. 



Hearing in vacation — Jurors. 

Jurors — Challenge. 

Oath to .jury. 

Duty of jury. 

Order upon report of jury. 

Cross petition. 

A?)peals. 

Right to enter pending appeal. 

Compensation how paid. 

Proceedings to be entered of record. 

Who may go on premises. 



An Act to 'protect, by levee, lands subject to overfloiv, and for draining tvet or 
stvampj land and coal mives. Approved May 16, 1877. In force July 
1, 1877. 

Section 1. [Petition.] Be it enacted by the People of the State of 
Illinois, rej)rcsentcd in the Genercd Assembly, That when any one or 
more owner or owners or occupants of any lands, or coal mines, in the 
State, shall desire to construct a ditch or drain or ditches across the 
lands of another or others, for agriculture, sanitary or mining purposes, 
or for all or anyone of said purposes, and which tends to the benefit 
or advantage of the public, and no agreement or arrangement can be 
made between them and the cw^ners or occupants of said land to make 
or establish the ditch or drain, the person or persons may then file a 
petition in the Circuit or County Court of the count}^ in which said 
ditch or ditches, drain or drains, shall be proposed to be constructed, set- 
ting forth the necessity for the same, with the description of its or their 
proposed starting point, route and tf»rminus, and if it shall be necessary 
for the drainage of the land, or coal mine, or for sanitary purposes, or 
either or all of said purposes, that a drain, ditch or levee, or other 



9g CRIMINAL CODK. 



similar work, be constructed, and to the public interest that the work 
shall be so constructed, the petitioner or petitioners shall so state in 
the petition and shall set forth the general description of the same as 
proposed, and shall ask for the condemnation of so much of the lands 
as may be i^ufficient to construct and build said ditch or ditches, drain 
or drains, levee or levees. 

§ 2. [Drain or Ditch — How Constructed.] If the petition is for 
the draining of any coal mine or mines, or for draining wet land, and 
it is practicable for the ditch or drain to be made under the surface of 
the ground, and to the advantage of the owner, and it shall be so 
required in Avriting by the owner or occupant of the land over which 
the same shall be constructed, then the person or persons so construct- 
ing such drain or ditch shall so construct and build the same by lay- 
ing piping or boxing made of substantial and good material, in a good 
and substantial manner a sufficient distance under the surface of the 
ground to avoid obstruction or inconvenience to the owner or occuj^ant 
of the land ; but if it cannot be so done, or is unnecessary, then said 
drain or ditch may be erected upon the surface of the ground, doing as 
little injury to the owner or occupant as possible. . 

§ 3. [Compensation for Property Taken.] Private property shall 
not be taken or damaged for the purpose of erecting such ditch, drain 
or levee without just compensation if claimed by the owner or occu- 
pants, and said compensation shall be ascertained by a jury as herein- 
after provided ; but if such ditch, drain or levee shall be of benefit to 
the lands over which it shall be constructed, then the benefits and 
advantages shall be a set off against compensation that may be 
claimed by the owner or occupants of such land ; but no benefits or 
advantages shall be set off against the value of the land actually 
taken. 

§ 4. What Petition Shall State.] The petition shall set forth 
the names of all persons owning the land over which such drain, ditch 
or levee shall be constructed as owner or otherwise, as appearing of 
record on the record of deeds of said county, if known, or, if not 
known, stating that fact, and praying such court or Judge to cause the 
compensation to be paid to the owners of such land or to the person 
or persons entitled to the same. 

§ 5. [Parties Defendant.] If the proceedings seek to affect the 
property of minors or persons under guardianship or conservatorship, 
idiots or lunatics, the guardian or conservator shall be made party 
defendants to the proceedings, if any, and if none, the court shall 
appoint such to defend ; and if married woman, the husband shall be 
made party, if known ; and parties interested whose names are un- 
known shall be made parties defendants by the name and description 
of unknown owners, but in all such cases an affidavit shall be filed by 
or on behalf of one or more of the petitioners, setting forth that the 
names of said parties are unknown to him, her or them. 

§ 6. [Notice — Hearing.] Said petition may be presented to the 
Judge in vacation, and the Judge shall note thereon the day of the 
presentation of the petition to him, and shall note thereon the 
day when he will hear the same, and shall order the issuance of 
summonses and the publication of notices to each non-resident or 



CRIMINAL CODE. gj 



unknown defendant, and said Clerk of the Court shall at once issue 
the summonses and give the notices accordingly. 

§ 7. [Service of Summons and Publication.] Service of such sum- 
mons and the publication of such notice shall be made as in cases in 
chancery in this State. 

§ 8. [Hearing of Cause.] Causes may be heard by such Judge in 
vacation as well as in term time, but no cause shall be heard earlier 
than ten days after service upon defendants or upon due publication 
against non-residents or unknown defendants or owners. 

§ 9. [Where there are Separate Parcels of Land.] Any num- 
ber of separate parcels of land situated in the same county may be 
included in one petition, and the owners or persons interested therein 
may be joined as petitioners or defendants therein, and the compen- 
sation for each may be assessed separately by the same or different 
juries, as the Court or Judge may direct. 

§ 10. [Amendments.] Amendments to the petition or to any part 
of the record in the case may be permitted whenever necessary to a 
fair trial and final determination of the questions involved. 

§ 11. [Defense — Pleading.] If any defense shall be made to the 
petition, the defendant or defendants shall plead, answer or demur to 
such petition as in chancery proceedings in this State, and a general 
replication by the petitioner or petitioners shall be sufficient to make 
up the issues between the parties. 

§ 12. [New Parties.] Should it be necessary at any time or stage 
of the proceedings to bring a new party before the Judge or Court, 
the Judge shall have the power to make such rule or order in relation 
thereto as may be deemed reasonable and just, and shall have power 
to make all such necessary rules and orders for notice to parties of the 
pendency of the proceedings, and to issue all necessary process for the 
execution of orders and judgments as may be considered necessary by 
the Court. 

§ 13. [Hearing in Vacation — Jurors.] Incases fixed for hearing 
petitions in vacation it shall be the duty of the Clerk of the Court in 
whose office the petition shall be filed, at the time of issuing summons 
or making publication, to write the names of sixtj'-four disinterested 
free-holders of the county on sixt3^-four separate slips of paper and in 
the presence of two disinterested free-holders of the county, cause to 
be selected from the sixty-four names twelve of such persons to act as 
jurors, such selection to be made by him by lots and without choice or 
discrimination ; and the Clerk shall thereupon issue venire directed to 
the Sheriff of his county, commanding him to summons the twelve 
persons so selected as jurors to appear at the Court House in sucli 
county, at the time to be named in such venire. 

§ 14. [Jurors — Challenge.] The petitioner or petitioners and 
every party to the proceedings interested in ascertaining the amount 
of compensation shall have the same right of challenge of jurors as in 
other cases in the courts of this State. If the panel be not filled by 
reason of non-attendance or by being exhausted by challenge, the 
judge hearing such petition shall designate by name the necessary 



—7 



98 CRIMINAL CODE. 



number of persons of proper qualifications, and the clerk shall issue 
another venire, returnable instanter, until the jury be filled. 

§ 15. [Oath to Jury.] When the jury is so selected the court 
shall cause the following oath to be administered to the jury : " You, 
and each of you, do solemnly swear (or affirm) that 3'ou will well and 
truly ascertain and report just compensation to the owners (and each 
owner) of the property that is sought to be damaged in this case and 
to each person therein interested according to the facts in the case as 
the same may appear by the evidence in the case, and that you will 
truly report such compensation as ascertained ; so help you God." 

§ 16. [Duty of Jury.] The jury shall go upon the land sought to 
be taken in person and examine the same, and after hearing the evi- 
dence in the case that may be offered, make their report in writing to 
the court, and the same may be subject to amendment by the jur}-, 
under the direction of the court, as the case may be, so as to be clearly 
set forth and shown, the compensation ascertained to each person 
thereto entitled. 

§ 17. [Order upon Report of Jury.] The judge or court shall 
upon such report proceed to adjudge and make such order as to right 
and justice shall pertain, ordering the petitioner or petitioners or per- 
sons authorized by law to enter upon said property, and the use of the 
same upon the petitioner or petitioners, or other persons interested, 
paying the full compensation as ascertained, as aforesaid, if any is 
found by the jury; and such order, with evidence ef payment, shall 
constitute complete justification for the taking of such property for the 
purposes aforesaid. 

§ 18. [Cross Petition.] Any person not made a party may be 
come such by filing his cross petition, setting forth and showing that 
he is the owner or has an interest in the property which is asked to be 
taken or damaged by the proposed work, and the right of such last 
named petitioner or petitioners, shall thereupon be fully considered 
and determined. 

§ 19. [Appeals.] In all cases in either the circuit or county courts, 
or before the circuit or county judge, an appeal maybe taken from the 
county court to the circuit court, and from the circuit court to the su- 
preme court, as in other cases of appeals from said court as is now pro- 
vided for by law. 

§ 20. [Right to Enter Pending Appeal.] In cases in which 
coiupensation shall be ascertained as aforesaid, if the party in whose 
favor the same is ascertained shall appeal such proceedings, the peti- 
tioner or petitioners shall, notwithstanding, have a right to enter up- 
on the use of the property upon entering into a bond with sufficient 
security, payable to the party interested in such compensation, condi- 
tioned for the payment of such compensation as shall be fully adjudged 
in the case, and in case of appeal by petitioner or petitioners, they 
shall enter into like bond with approved security, said bond shall be 
approved by the Judge before whom the proceedings were had, or the 
Clerk of said Court, and executed and filed with said Clerk at such 
time as may be fixed by the Court, or as is now fixed by law. 

§ 21. [Compensation Ilnw Paid.] Compensation so adjudged may 
in all ca.se.s be paid into the Court, before whom the proceedings were 



DRAM SHOPS. 99 



had, and the Clerk shall on demand pay the same to the party entitled 
thereto, taking a receipt for the same ; or payment may be made di- 
rectly to the party entitled to receive the same by the petitioner or 
petitioners or persons compelled to pay the same. 

§ 22. [Proceedings to be Entered of Record.] The Court o^^ 
Judge shall cause the verdict of the jury and the proceedings of the 
Court to be entered upon the records of said Court. 

§ 23. [Who may go on Premises.] The person or persons con- 
structing such drain or ditch may go upon the lands of the owners with 
their servants, teams, tools and instruments for the purpose of con- 
structing the same, and may forever thereafter go upon said lands as 
aforesaid for the purpose of repairing and keeping such ditch or drain 
in order, doing no more damage than the necessity of the occasion shall 
require. 

Approved May 16, 1877. 



DRAM SHOPS. 



§2. SeUiug liquor without license. | I Q. Selling or giving to minor or drunkards. 

An Act to amend section two (2) and six (6) of " An act to provide for the 
licensing of, and against the evils arising from the sale of intoxicating 
liquors,'^ approved March 30, 1874. Approved May 18, 1877. In force 
July 1, 1877. 

Section 1. Bs it enacted by the People of the State of Illinois, represented 
in the General Assembly, That sections (2) and six (6) of " An Act to 
provide for the licensing of, and against the evils arising from the 
sale of intoxicating liquors," approved March 30, 1874, be amended so 
as to read as follows : 

§ 2. [Selling Liquor Without License.] Whoever, not having a 
license to keep a dram shop, shall, by himself or another, either as 
principal, clerk or seryant, directly or indiiectly, sell any intoxicating 
liquor in any le?s quantity than one gallon, or in any quantity to be 
drank upon the premises, or in or upon any adjacent room, building 
3'ard, premises or place of public resort, shall be fined not less than 
twenty dollars, nor more than one hundred dollars, or imprisoned in 
the county jail not less than ten nor more than thirty days, or both,. 
in the discretion of the court. 

§ 6. [Selling or Giving to Minor or Drunkard.] Whoever, by 
himself, or his agent or servant, shall sell or give intoxicating liquor 
to any minor without the written order of his parent, guardian, or 
family physician, or to any person intoxicated, or who is in the habit 
of getting intoxicated, shall, for each offense, be fined not less than 
twenty dollars, nor more than one hundred dollars, or impris- 
oned in the county jail not less than ten nor more than thirty 
days, or both, according to the nature of the offense : Provided, Thii 



IQQ ELECTIONS. 



act shall not affect any prosecution pending at the time this act takes 
effect, but in every such prosecution the accused shall, upon convic- 
tion, be punished in the same manner in all respects as if this act 
had not been passed. 
Approved May 18, 1877. 



ELECTIONS. 



'i tJS. Affidavit of Witness. 



An Act to amend section 68, of an act, in regard to elections, and to provide 
for filling vacancies in elective offices. Approved Ajrr II 3,1872, approved 
May 24, 1877. hi force July 1, 1877. 

Section 1. Beit enacted by the People of the State of Illinois, represented 
in the General Assembly, That section 68, of an act, entitled " An act, in 
regard to elections and to provide for filling vacancies in elective offi- 
ces," approved April 3, 1872, be amended to read as follows : 

§ 68. [Affidavit of Witness,] In addition to such an affidavit, 
the person so challenged shall jDroduce a witness personally known to 
the judges of election, and resident in the precinct (or district), or 
who shall be proved by some legal voter of such precinct or district, 
known to the judges to be such, who, shall take the oath following, 
viz : " I do solemnly sw^ear (or affirm) that I am a resident of this 
election precinct, (or district), and entitled to vote at this election, 
and that I have been a resident of this State for one year last passed, 
and am well acquainted with the person whose vote is now offered; 
that he is an actual and bona fide resident of this election precinct, (or 
district) and has resided herein thirty days, and, as I verily believe, 
in this county ninety days, and in this State, one year next preceding 
this election." 

Approved May 24, 1877. 



'i 1. Repeals an Act — Election. 

An Act to repeal an act entitled " An act to fix the p)lace oj holding elections 
in the town of Silver Creek, in the county of Stephenson,^'' apjjroved, Febru- 
ary 19, 1867. Ap>proved May 25, 1877. ^ In force July 1, 1877. 

Section 1. [Election — Town of Silver Creek.] Be it enacted by 
the People of the State of Illinois, represented in the General Assembly, That 
the act entitled " An act to fix the place of holding elections in the 
town of Silver Creek, in the county of Stephenson," approved Febru- 
ary 19, 1867, be, and the same is hereby repealed. 

Approved May 25, 1877. 



EVIDENCE AND DEPOSITIONS— EXEMPTIONS. IQl 



EVIDENCE AND DEPOSITIONS. 



'i '22. State Patents— When Copy of Record Evidence. 

An Act to amend section 22 of "Jin act in regard to Evidence and Deposi- 
tions in Civil Cases," approved March 29, 1872. Approved May 21, 
1877. In force July 1, 1877. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly, That section 22 of said act be amended 
so as to read as follows : 

§ 22. [State Patents — When Copy of Record Evidence.] In 
all cases where any lands or lots have been or may be sold by this 
State or any of the officers thereof, under the authority of any law of 
this State, whereof tlie patent shall be issued by the Governor, under 
the seal of this State, and in case said patent has been or shall pur- 
port to be recorded in the Recorder's oilice of the county where the 
lands or lots are situated, and said patent shall be lost, or out of the 
power of the party desiring to use the same to produce in evidence, a 
copy of the record of said patent, certified by the Recorder of said 
county, may be read in evidence in place of said original patent ; 
which copy certified as aforesaid, shall be prima facie evidence of the 
issuing of said patent ; and of the contents thereof. The provisions of 
this section shall apply to deeds executed by the Trustees of the Illi- 
nois and Michigan canal, and to patents for land issued or granted by 
the United States. 

Approved Mav 21, 1877. 



EXEMPTIONS. 



g 1. Personal property exempt. I ? 4. Property not exempt for wages of servant, 

g 2. Debtor to make schedule. g 5. Penalty for seizing exempt property. 

i 3. Death of head of family, etc. | | 6. Repeal. 

An Act to exempt certain personal property from attachment and sale on exe- 
cution, and from distress for rent. Approved May 24, 1877. In force 
July 1, 1877.' 

Section 1. [Personal Property Exempt.] Be it enacted by the 
People of the State of Illinois, represented in the General Assembly, That the 
following personal property, owned by the debtor, shall be exempt 
from execution, writ of attachment and distress for rent, viz : 1st, 
The necessary wearing apparel, Bibles, school books, and familj 



102 EXEMPTIONS. 



pictures of every person, and 2d, one hundred dollars' worth of other 
property to be selected by the debtor, and in addition when the debtor 
is the head of a family and resides with the same, three hundred dol- 
lars' worth of other property, to be selected by the debtor : Provided^ 
That such selection and exemption shall not be made by the debtor 
or allowed to him or her from any money salary or wages due him or 
her from any person or persons or corporation whatever. 

§ 2. [Debtor to Make Schedule.] Whenever any debtor against 
whom an execution, writ of attachment or distress warrant has been 
issued desires to avail himself or herself of the benefit of this act, he 
or she shall make a schedule of all of his or her personal property of 
every kind and character, including inoney on hand, and debts due 
and owing to the debtor, and deliver the same to the officer having 
the execution, writ of attachment or distress warrant, which said 
schedule shall be subscribed and sworn to by the debtor, and any 
property owned by the debtor and not included in said schedule shall 
not be exempt as aforesaid. And thereupon the officer having the 
execution, writ of attachment or distress warrant shall summon three 
householders, who, after being duly sworn to fairly and impartially 
appraise the property of the debtor, shall fix a fair valuation upon 
each article contained in said schedule, and the debtor shall then 
select from such schedule, the articles he or she may desire to retain, 
the aggregate value of which shall not exceed the amount exempted 
to which he or she may be entitled, and deliver the remainder to the 
officer having the writ, and the officer having such writ is hereby 
authorized to administer the oaths required herein of the debtor and 
appraisers. 

§ 3. [Death of Head of Family.] When the head of a family 
shall die, desert, or not reside with the same, the family shall be enti- 
tled to and receive all the benefit and privileges which are by this 
act conferred upon the head of a family residing with the same. 

§ 4. [Property Not Exempt for Wages of Servant.] No per- 
sonal property shall be exempted from levy of attachment or execu- 
tion when the debt or judgment is for the wages of any laborer or 
seivant : Provided, The court rendering judgment shall find that the . 
demand so sued for is for wages due such person as laborer or servant ; 
which finding shall be expressed in the record of said judgment and 
endorsed upon the execution when issued. 

§ 5., [Penalty for Seizing Exempt Property.] If any officer, 
by virtue of any execution or other process, or any other person by 
any right of distress shall take or seize any of the articles of property 
exempted as herein provided from levy and sale, such officer or person 
shall be liable to the party injured for double the value of the prop- 
erty so illegally taken or seized, to be recovered by action of trespass 
with costs of suit. 

§ 6. [Repeal.] That sections 13 to 17 inclusive, of an act to amend 
an act entitled " An act to exempt the homestead from forced sale 
and to provide for setting off" the same and to exempt certain per- 
gonal property from attachment and sale on execution and from dis- 
tress for rent," approved April 30th, 1873, and in force July 1st, 1873, 
and all other acts and parts of acts inconsistent with the provisions 



FEES AND SALARIES. ^QB 



of this act, are hereby repealed. But this section shall not be con- 
strued so as to affect any rights that may have accrued, or any suits 
or proceedings that may be pending when this act shall take effect, 
nor to repeal or affect any of the provisions of an act to revise the law 
in relation of landlord and tenant. 
Approved May 24, 1877. 



FEES AND SALARIES. 



I §. Judges of City Courts — County Judges. 



An Act to amend section five (5) of an act entitled, ^'■An Act concerning Fees 
and Scdaries, and to Classify the severed Counties of this State tvith reference 
thereto," approved March 29, 1872. In force July Ist, 1872. Approved 
May 11, 1877. In force July 1, 1877. 

Section 1. Beit enacted by the People of the State of Illinois, represented 
in the General Assembly, That sections five (5), of an act entitled, 
"An Act concerning Fees and Salaries and to classify the several 
Counties of this State with reference thereto," approved March 29, 1872, 
be and the same is hereby amended so as to read as follows : 

§5. [Judges of City Courts— County Judges.] Judges of 
inferior courts of record in towns and cities shall be allowed, and re- 
ceive in lieu of all other fees, perquisites or benefits whatsoever, in 
cities or towns having a population not exceeding five thousand 
(5,000) inhabitants, five hundred dollars ($500); and in cities or towns 
having more than five thousand (5,000) inhabitants, fifteen hundred 
dollars ($1,500), to be paid out of the city or town treasury: Provided, 
That in cities having a population of one hundred thousand (100,000) 
or more, the city or common council may give such additional compen- 
sation, to be paid out of the city or town treasury, to the judge or judges 
of such court, as shall be deemed reasonable, not exceeding a sum suffi- 
cient to make the entire salary five thousand dollars ($5,000), which 
additional compensation shall be fixed prior to the election of such 
judge or judges, and shall be provided for in the annual appropriation 
ordinance of each year, aad shallnot be increased or diminished during 
the term of office of such judge or judges. County judges shall be al- 
lowed such salary as shall be fixed by their respective boards, to be 
paid out of the county treasury. 

Approved May 11, 1877. 



-^Q^ f EES AND SALARIES. 



MASTERS IN CHANCERY. 
§ 20. Fees of. 

An Act to amend Section Tirenty (20) o/an act entitled ^^ An Act concerning 
Fees and Salaries, and to classify the several counties of this State with refer- 
ence thereto," approved March 29, 1872, title as amended by act approved 
March 28, 1874. Approved May 25, 1877. In force July 1, 1877. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly, That section twenty (20) of an act 
entitled "An act concerning fees and salaries, and to classify the sev- 
eral counties of this State with reference thereto," approved March 
29, 1872, title as amended by act approved March 28, 1874, be amended 
so as to read as follows : 

masters in CHANCERY. 

§ 20. [Fees of.] For administering oaths and signing jurat, when 
not taking evidence or depositions, ten cents (10c). 

For taking acknoAvledgment or proof of any deed, or other written 
instrument, twenty-five cents (25c). 

For taking depositions and certifying, for every one hundred words, 
fifteen cents (15c). 

For taking and reporting testimon}' under order of court, the same 
fee as for taking depositions. 

For computing the amount due on which to render a decree, and 
making a report thereof to court, where no oral evidence is taken, 
two dollars ($2.00). 

For examining questions of law and fact in issue by the pleadings, 
and reporting conclusions, w^henever specially ordered by the court, 
a sum not exceeding ten dollars ($10). 

For making sales and deeds thereon, the same fees and allowances 
as sheriffs ; but in no suit, or other proceeding, shall such fee and com- 
mission exceed two hundred dollars ($200) ; for making a deed alone, 
in other cases, when required by order or decree of court, three dollars 
($3). 

For report of sale in every suit or proceeding when a sale is had, 
two dollars ($2). 

For hearing and deciding application for writs of ne exeat or injunc- 
tion, to be advanced by the complainant and taxed with the costs, five 
dollars ($5). 

For ordering, or refusing to order, a \Nviioi habeas corpus, ox certiorari, 
one dollar ($1). 

And no other fee or allowance whatever shall be made for services 
by masters in chancery. 

In counties of the third class, masters in chancery may receive for 
examining questions in issue referred to them, and reporting conclus- 
ions thereon, such compensation as the court may deem just, and for 
services not enumerated above in this section, and which have been 
and may be imposed by statute or special order, they may receive 
such fee as the court may allow. 

Approved May 25, 1877. 



FEES AND SALARIES. JQS 



FEES OF COUNTY COLLECTORS. 
§ 21. Commissions. 

An Act to amend section 21 of an act entitled " An act concerning 
Fees and Salaries, and to classify the severed Counties of this State vrith 
reference thereto^'' as amended by act approved March 28, 1872. Approved 
May 22, 1877. In force July 1, 1877. 

Sectiox 1. [Commissions.] Be it enacted by the People of tlie State of 
Illinois, represented in the General Assembly, That section 21 of 
chapter 53 of the revised statutes of 1874, entitled "Fees and 
Salaries," be and is hereby amended to read as follows : Section 
21 — Count}' Collectors shall be allowed a commission on all 
money collected by them and paid over to the proper officer of three 
(3) per cent, in counties of the first class ; of two (2) per cent, in coun- 
ties of- the second class; of one and one-half (1¥) per cent, 
in counties of the third class, excepting on all moneys said county 
collectors collect for incorporated cities, villages and other municipali- 
ties in counties under township organization, upon which said county 
collectors shall be allowed a commission of one (1) per cent, on all 
moneys collected by them for such cities and paid over by them to the 
proper officer ; and excepting further, in counties having adopted 
township organization, county collectors shall be allowed on moneys 
paid over to them by township collectors, as cominission on such 
moneys in counties of first class, only one and one-half (1^) per cent. ; 
in counties of second class only one (1) per cent., and in counties of 
third class, only three-fourths (f) of one per cent. In addition to the 
foregoing, said county collectors shall be allowed, in settlement of State 
taxes with the Auditor, ten cents per mile for each mile of necessary 
travel in going to and returning from the seat of government for the 
purpose of paying over such tax. They shall also be allowed for mak- 
ing lists of delinquent real estate, to be filed with the county clerk 
for judgment, three (3) cents for each tract or lot ; a like fee for mak- 
ing delinquent lists for the printer, and for selling lands and town 
lots, ten (10) cents for each tract and three (3) cents for each lot to 
be charged and collected as costs. 

ArpRovED May 22, 187". 



FEES AND COMPENSATION OF CLERKS OF COURTS OF RECORD, EXCEPT IN PROBATE 
MATTERS— IN COUNTIES OF THE THIRD CLASS. 

An Act to amend section 33 of an act entitled ^^An act concerning Fees and. 
Salaries, and to classify the several counties of this State -with, rejerence 
thereto,'^ approved March 29, 1872. Title as amended by act approved 
March 28, 1874. Apj^roved May 21, 1877. In force July 1, 1877. 

Section 1. Be it enacted by the People of the State of Illinois, represent' 
ted in the General Assembly, That section thirty-three (33) of an act 
entitled " An act concerning fees and salaries, and to classify the sev- 
eral counties of this State with reference thereto, approved March 29, 
1872, title as amended by act approved March 28, 1874," ^e and herebj 
is amended to read as follows : 



;[06 VEES AND SALARIES. 



§ 33. At the time of commencement of every suit at law, or in 
equity, in any court of record in counties having a population exceed- 
ing seventy thousand inhabitants, in this State, the party or parties 
commencing such suit, or in case of an appeal from an inferior court, 
the party or parties appellant or appellants, or in case of an applica- 
tion for judgment upon any special assessment or special tax levied 
by any incorporated town or city, such town or city shall pa}^ to ihe 
clerk of the court the sum of six dollars, to be taxed as costs in the 
suit, which said sum shall be in full payment for all services of such 
clerk on behalf of the plaintiff or plaintiffs, complainant or com- 
plainants, petitioner or petitioners, appellant or appellants, in the 
progress of such suit from the commencement to the final termination 
thereof, except the making of copies of papers or orders, a complete 
record, or a record for a^ higher court : Provided, hou-ever, that in all 
cases of appeal from a justice of the peace, where the appellant shall 
file in the office of the justice of the peace, in such counties, his bond 
required by section sixty-two (62) of an act entitled "An act to provide 
for the election and qualification of justices of the peace and constables, 
and to provide for the jurisdiction and j^ractice of justices of the peace 
in civil cases and fix the duties of constables, and to repeal certain 
acts therein named," approved April 1, 1872, he shall also, and at 
the same time, pay the six dollars mentioned in this section to the 
justice, for the use of the clerk of the court to which the appeal is 
taken, and upon failure to do so, it shall be the duty of the justice 
not to allow the appeal. And in case of any application for judg- 
ment for city, county. State, town, or other general taxes, there shall 
be paid to the clerk, by the corporation so applying for judgment, the 
sum of three cents for each and every tract of land upon which judg- 
ment shall be rendered by the court, which said sum shall be in full 
payment for all services to be performed by such clerk in the progress 
of such suit upon such application from its commencement to the 
final termination thereof. And the defendant or defendants, respond- 
ent or respondents, appellee or appellees, before he, she or they shall 
be entitled to enter his, her or their appearance or file any pleas., 
answer or demurrer in any suit at law, or in equity, shall pay 
to the clerk of the court the sum of one dollar and fifty cents to be 
taxed as costs in the suit, which, in like manner, shall be in full pay- 
ment of and for all services rendered, or to be rendered, by the clerk, 
for or on behalf of the defendant or defendants, respondent or respond- 
ents, appellee or appellees, in or during the progress of such suit to 
the final termination thereof, except for the making of copies of 
papers or records, a complete record, or a record for a higher court. 
Clerks of courts of record in this State, in counties of the third class, 
shall be allowed further fees, as follows : For taking and certifying 
the acknowledgement of a deed, or other writing, twenty-five cents ; 
for swearing any person to an affidavit not to be used in a case in the 
court of which he is clerk, with certificate and seal, twenty-five cents ; 
for each certificate and seal, not in a case in the court whereof he is 
clerk, twenty-five cents; for making and certifying a copy of any 
paper or record in anv case or proceeding, and for talcing depositions, 
for every one hundred words, ten cents ; for filing declaration of in- 
tention to become a citizen, administering oath to applicant and 



FEES AND SALARIES. IQJ 



certifying declaration under seal, fifty cents ; for filing papers on 
application for naturalization, for administering oaths to party and 
witnesses for making entry of record of naturalization, and for mak- 
ing and certifying copy of same under seal of court, fifty cents. 
Approved May 21, 1877. 



FEES OF CONSTABLES. 
f. 41. Fees of Constables of the first class— Emergency. 

An Act to amend section forty-one of an act entitled'^ An act concernincj 
fees and salaries, and to classify the several counties of this State, with refer- 
ence thereto,^ ajjjjroved March twenty -ninth, one thousand eight hundred and 
seventy-tivo, title as amended by act approved March twenty -eighth, one 
thousand eight hundred and seventy- four . Approved and in force May 
17,1877. 

Section 1. Be it macted by the People of the State of Illinois, 
represented in the General Assembly, That section forty-one of an act 
entitled "An act concerning fees and salaries, and to classify the sev- 
eral counties of the State with reference thereto," approved March 29, 
1872, title as amended by act approved March 28, 1874, be, and hereby 
is so amended as to read as follows : 

FEES OF CONSTABLES IN COUNTIES OF FIRST AND SECOND CLASS. 

§ 41. The fees of constables in counties of the first and second class^ 
for any service to be rendered by them, shall be as follows : 

For advertising property for sale, fifty cents ; 

For attending trial and waiting on a jury, fifty cents ; 

For each day's attendance in the circuit court when required, to be 
paid out of the county treasury, two dollars and fifty cents ; 

For taking and approving replevin bond, fifty cents ; 

For taking and approving forthcoming bond, or special bail, fifty 
cents. 

Commissions on sales not exceeding ten dollars, ten jier cent., and 
on the excess of that amount, five per cent.; and in cases when an ex- 
ecution in the hands of any constable shall be settled by the parties or 
paid, or when the property levied on shall not be sold, by reason of 
such settlement or payment, the constable shall be allowed five per 
cent, on the first ten dollars, and two and one-half per cent on the ex- 
cess. 

Constables shall be allowed reasonable charges, to be fixed by the 
justice, for removing and taking care of property levied on by them, 
which in no case shall exceed the actual expense incurred. 

For mileage when serving a warrant, summons, subpoena or other 
process, five cents per mile, each way, for actual distance travelled by 
him in making such service, the distance to be computed, from the 
office of the justice to the residence of each person served ; 

For mileage in taking a person to jail, frum the office of the justice, 
ten cents per mile, and all actual and necessary expenses incurred to 
be paid out of the county treasury ; 



]^Qg THE FISCAL YEAR— REPORTS TO THE GOVERNOR. 



For serving and returning a summons, thirty-five cents ; warrant 
for each person served, fifty cents. 

For serving and returning a writ of replevin or attachment, for each 
person served, fifty cents ; 

For serving a subpoena, for each person served, twenty-five cents; 

For serving venire, fifty cents ; 

For serving a writ of restitution, in cases of forcible entry and de- 
tainer, one dollar, and necessary expenses of assistants, to be deter- 
mined by the justice ; 

For serving and returning each execution, fifty cents ; 

For serving mittimus, fifty cents ; 

For serving a warrant on appraisers in cases of estrays, twenty-five 
cents. 

EMERGENCY. 

Inasmuch as the law now in force as to the compensation of consta- 
bles for necessary expenses incurred by them in holding property ler- 
ied on until the timeof sale, is defective, an emergency exists requiring 
this act to take effect immediately ; therefore, this act shall take effect 
and be in force from after its passage. 

Approved Mav 17, 1877. 



THE FISCAL YEAR— REPORTS TO THE GOVERNOR. 



i 1. Reports— Time of Making— The Fiscal I § 2. Emergency. 
Year. | 

An Act to amend section tioo (2) of an act entitled " An act to change 
the fiscal year of the State, and designate the time reports shatt be 
made to the Governor by the Secretary of State, Auditor of Pabtic 
Accounts, State Treasurer, Adjutant Generat, State Entomologist, 
Commissioners of the Penitentiary, Trustees of the Industriat Uni- 
versity, the Trustees of the Normal Universities, the State Board of 
Agriculture, the Trustees of the Reform School, the Board of Public 
Charities and the Trustees of the State Charitable Institutions," 
approved March 29, 1875. Approved and in force May 25, 1877. 

Section 1. Be it ena.cted by the People of the State of Elinois, represented 
in the General Assembly, That section two (2) of an act entitled " An 
act to change the fiscal j^ear of the State, and designate the time re- 
ports shall be made to the Governor by the Secretary of State, Audi- 
tor of Pu'blic Accounts, State Treasurer, Adjutant-General, State 
Entomolo2;ist, Commissioners of the Penitentiary, Trustees of the In- 
dustrial University, the Trustees of the Normal Universities, the 
State Board of Agriculture, the Trustees of the Reform School, the 
Board of Public Charities and the Trustees of the State Charitable Insti- 



FORCIBLE EKTRY AND DETAINER. J^QQ, 



tutions" approved March 29, 1875, be amended so as to read as fol- 
lows : 

§ 2. [Reports — Tiime of Making — The Fiscal Year.] The Secre- 
tary of State, Auditor of Public Accounts, State Treasurer, Adjutant 
General, State Entomologist, Commissioners of the Penitentarv, 
Trustees of the Industrial University, the Trustees of the Normal 
Universities, the State Board of Agriculture, the Trustees of the Re- 
form School, the Board of Public Charities and the Trustees of the 
State Charitable Institutions shall be on or before the first day of 
November in the year eighteen liundred and seventy-six, and bienni- 
ally thereafter, make and deliver to the Governor such reports as they 
are now required by law or the constitution to make of their acts and 
doings respectively, closing with the fiscal year preceding each regu- 
lar session of the General Assembly, and no other annual or biennial 
report shall be made by such oflicers, except the insurance report of the 
Auditor of Public Accounts, which shall be made annually. 

§ 2. [Emergency.] No provision having been made in the laws for 
the annual insurance report of the Auditor of Public Accounts for the 
year 1877, and the publication of the same being vital to the insurance 
interests of the State, an emergency exists, therefore this act shall take 
effect and be in force from and after its passage. 

Approved May 25, 1877. 



FORCIBLE ENTRY AND DETAINER. 



'i 18. Appeal— Writ of Restitution— Bond by I ji 20. Plaintift" Appeal Bond. 
Plaintiff. | 

An Act to amend sections IS and 20 of an act entitled ^^An act in regard to- 
forcible entry and detainer,'''' ajjproved and in force February 16, 1874. 
Approved May 24, 1877. In force July 1, 1877. 

Section 1. Be it enacted by the People of the State of Illinois, representei 
in tJie General Assembly, That section 18 of an act entitled " An act in 
regard to forcible entry and detainer," approved and in force February 
16th, 1874, be amended so as to read as follows : 

§ 18. [Appeal — Writ of Restitution — Bond by Plaintiff.] If 
any party shall feel aggrieved by the decision of the justice, the ver- 
dict of the jury, or decision of the court, upon any trial had under 
this act, such party may have an appeal, to be taken to the same 
courts, in the same manner, and tried in the same way as appeals are 
taken and tried in other cases ; when the relation of landlord and 
tenant exists, and rent has become due and is unpaid or the term has 
expired by limitation : Provided, The apjieal is prayed and bond is 
filed within five days from the rendition of the judgment ; and Provi- 
ded, further, that when judgment is rendered for the plaintiff, a writ of 
restitution shall issue in all cases, if the plaintiff" shall within five 
days from the rendition of such judgment give and file a bond in a 



2]^0 GAME. 



reasonable sum, conditioned to pay all such damages and costs as may 
be awarded against him if final judgment is rendered for the defend- 
ant ; and on trial, if the the jury find for the defendant, they shall 
find the damages sustained by him ; and in case of noa-suit, his dam- 
ages shall be assessed by the court ; and the claimant may give 
evidence of any claim for rent of the premises, to be set off against 
damages claimed by the defendant. If the defendant prevails, the court 
may, or may not, as justice requires, issue a writ to restore him to 
possession of the premises. 

§ 2. That section 20 of said act be amended so as to read as follows : 
§ 20. [Plaintiff's Appeal Bond.] If the plaintiff appeals, the 
condition of the bond shall be, as in other cases of appeal, when 
taken by the plaintiff, except as otherwise provided by law. 
Approved May 24, 1877. 



GAMPl 



I 1. When game may not be killed. | I 6. Selling, etc., after five days. 

An Act to amend an act entitled ^^An act to revise and consolidate the several 
acts relating to the 'protection of game, and for the protection of deer, toild fowl 
and birds, and to repeal certain laws,'" approved May 3, 1873. In force 
July 1, 1873. Approved May 14, 1877. In force July 1, 1877. 

Section 1. Be it enacted by the People of the State of Illinois, represented 
in the General Assembly, That sections one (1) and six (6) of an act en- 
titled "'An act to revise and consolidate the several acts relating to the 
protection of game, and for the protection of deer, wild fowl and birds, 
and to repeal certain laws," approved May 3, 1873, and in force July 
1, 1873, be amended so as to read as follows : 

§ 1. [When Game may not be Killed.] That it shall be un- 
lawful for any person or persons to hunt or pursue, kill or trap, net or 
ensnare, destroy, or attempt to kill, trap, net, ensnare, or otherwise 
destroy any prairie hen or chicken, or any woodcock, between the fif- 
teenth day of January and the first day of September in each and 
every year ; or any deer, fawn, wild turkey, ruffled grouse (commonly 
called partridge), or pheasant, between the first day of February and 
the first day of October in each and every year; or any quail between 
the first day of February and the first day of November in each and 
every year; or any wild goose, duck, snipe, brant or other water fowl, 
between the first day of May and the fifteenth day of August in each 
and every year : Provided, That it shall be unlawful for any person 
or persons to net any quail at any time after this act shall take efifect 
and be in force ; and provided further. That it shall be unlawful for any 
person or persons who is or are non-residents of this State, to kill, 
ensnare, net or trap any deer, fawn, wild turkey, prairie hen or chicken, 
ruffled grouse, quail, woodcock, wild goose, wild duck or brant, or anj 



GENERAL ASSEMBLY. 



Ill 



snipe, in any county of this State, at any time, for the purpose of sell- 
ing or marketing or removing the same outside of this State. Every 
person who violates any of the provisions of this section shall, for each 
and every offense, he deemed guilty of a misdemeanor, and on convic- 
tion shall be fined in any sum not less than five dollars ($5) nor more 
than twenty-five dollars ($25) and costs of suit for each and every sep- 
arate bird or animal, of the above enumerated list, so unlawfully hunt- 
ed or pursued, killed, trapped, netted, ensnared or destroyed, or at- 
tempted to be killed, trapped, netted, ensnared or otherwise destroyed, 
and shall stand committed to the county jail until such fine and costs 
are paid, but such imprisonment shall not exceed ten daj^s. 

§ 6. [Selling, etc, after Five Days.] No person or persons shall 
sell or expose for sale, or have in his or their possession, for the purpose 
of selling or exposing for sale, any of the animals, wild fowls or birds 
mentioned in section one of this act, after the expiration of five days 
next succeeding the first day of the period in which it shall be unlaw- 
ful to kill, trap, net or ensnare such animals, wild fowls or birds. And 
any person so offending shall, on conviction, be fined and dealt with 
as specified in section one of this act : Frovided, That the provisions of 
this act shall not apply to the killing of birds by or for the use of tax- 
idermists for preservation either in public or private collections, if so 
preserved. 

Approved Mav 14, 1877. 



GENERAL ASSEMBLY. 



officers of the general assembly. 



\. Officers of the Senate. 

2. Officers of the House. 

3. Enrolling and engrossing clerks 

4. Clerks of committees. 

5. Policemen — Pages. 

6. Private secretary. 

7. Pay of officers. 



^ S. How d^a^v^l. 

i 9. Removal of oflicers. 

I 10. Not to receive pay— When. 

g 11. No additional officers to be employed. 

i 12. Are officers of Assembly. 

i Vi. Repeal. 



An Act to 'provide for the election and appointraeiit of the Officers and Em- 
ployees of the General Assembly of the State, and, to fix their compensation. 
Approved May 28, 1877. In force July 1, 1877. 

Section 1. [Officers of the Senate.] Be it enacted by the People. 
of the State of Illinois, represented in the General Assembly, That the 
Senate of the General Assembly at the organization of each regular 
session of said Senate, shall elect the following officers, viz : A Presi- 
dent of the Senate, pro tem; a Secretary and two Assistants ; a Ser- 
geant-at-Arms and two Assistants ; a Postmaster and one Assistant. 

§ 2. [Officers of the House.] The House of Representatives of 
the General Assembly, at the organization of each regular session of 
said House, shall elect the following officers, viz : A Presiding Officer of 
said House; a Chief Clerk and three Assistants; a Doorkeeper and 
three Assistants ; a Postmaster and one Assistant. 



212 GB>JERAL ASSEMBLY. 



§ 3. [Enrolling and Engrossing Clerks, etc.] The Senate and 
House of Representatives shall each elect an Enrolling and Engrossing 
Clerk, and two Assistants ; but such election shall not take place in 
the Senate or House of Representatives until after the Chairman of 
the Committee on Enrolled and Engrossed Bills shall report to said 
Senate or House that the services of said Enrolling and Engrossing 
Clerk are necessary for the transection of the business of the General 
Assembly, 

§ 4. [Clerks of Committees.] ' The Senate and the House of Rep- 
resentatives, each by resolution, or as may otherwise be deemed expe- 
dient and determined by a majority vote, of either house, appoint or 
cause to be appointed such number of Committee Clerks as the public 
service may require, not to exceed ten in the Senate and thirteen in 
the House of Representatives. 

§ 5. [Policemen — Pages.] The Senate and House of RejDresenta- 
tives each may appoint by resolution, or otherwise, Policemen and 
Pages, not to exceed three Policemen and seven Pages in the Senate, and 
four Policemen and ten Pages in the House of Representatives. One 
of said Policemen in the Senate, by direction of the President of the 
Senate, and one of said Policemen in the House, by direction of the 
Speaker of the House, shall, in addition to other duties, have charge 
of, and be responsible for, the transmission of the mail matter for 
either branch of the General Assembly to and from the Postoffice of 
the city and the State House. 

§ 6. [Private Secretary.] The President of the Senate and the 
Speaker of the House, by consent of a majority of the members of the 
branch over which they respectively preside, may appoint a person to 
act during the session as Private Secretary for such j^residing officer. 

§ 7. [Pay of Officers.] The 2^6r diem to be paid to the officers and 
employees designated in this act shall be as follows, viz : The Secre- 
tary of the Senate and the Clerk of the House of Representatives 
shall each be paid six dollars per day; the Enrolling and Engrossing 
Clerks of the Senate and the House, and the Sergeant-at-Arms of the 
Senate and the Doorkeeper of the House, shall each be paid five dol- 
lars per day. The Postmaster of the Senate and the Postmaster of the 
House, the Assistant Secretaries of the Senate, the Assistant Clerks 
of the House, and the Assistant Enrolling and Engrossing Clerks of 
the Senate and of the House, shall each be paid four dollars per day; 
the Assistant Postmaster of the Senate, the Assistant Postmaster of the 
House, the Assistant Sergeants [at- Arms] of the Senate and the Assist- 
ant Doorkeepers of the House, and the Clerks of the various Committees 
of the Senate and House shall each be paid three dollars per day. 
The Private Secretaries of the President of the Senate, and Speaker 
of the House, shall be paid the same sum 'per- diem as the Committee 
Clerks. The Policemen employed by either branch of the General 
Assembly shall be paid three dollars per day. The Pages employed 
by either branch of the General Assembly shall be paid the sum of 
one dollar and one-half per day. The Janitors employed in 
the Senate and House of Representatives, and the extra Janitors em- 
ployed in and around the State House, shall be paid not to exceed two 
dollars per day. 



GEXERAL ASSEMBLY. 



113 



§ 8. [How Drawn.] The Auditor of Public Accounts is hereby 
authorized and directed to issue his warrant to the officers and em- 
ployees designated in this act, upon a statement of the term of service, 
to be certified as follows, viz : All officers or employees elected or ap- 
pointed by the House of Representatives upon the certificate of the 
Speaker of the House. All officers or employees elected or appointed 
by the Senate, upon the certificate of the President of the Senate, and 
all employees appointed by the Secretary of State, upon the certificate 
of the Secretary of State. 

§ 9. [Removal op Officers ] Any of the employees designated in 
this act, for inefficiency or neglect of duty, may be removed or dis- 
charged from the service of the State, by the same authority or power 
that appointed them. 

§ 10. [Not to Receive Pay — When.] No officer or person, elected 
or appointed, by either branch of the General Assembly shall receive 
pay for services in excess of the number of days for which members 
of the General Assembly are paid : Provided., however, that the Sec- 
retary of the Senate and his First Assistant, and the Clerk of the 
House and his First Assistant, may by resolution of that branch of 
the General Assembly of which he is an officer, be allowed pay for not 
exceeding ten da\^s after the adjournment of the session, to finish up 
the work appertaining to their offices. 

§ 11. [No Additional Officers to be Employed.] No other offi- 
cer or employee, not designated in this act, shall be employed by either 
branch of the General Assembly, except by a two-thirds vote of that 
branch of the General Assembly desiring such additional officers or 
employees. 

§ 12. [Are Officers of Assembly.] All persons designated in 
this act to be elected or appointed by either branch of the General 
Assembly, or by the Secretary of State, shall be considered as officers 
and employees of the General Assembly, an-d shall be paid out of the 
appropriation hereafter made for the pay of the members, officers and 
employees of the General Assembly of the State. 

§ 13. [Repeal.] All laws, and parts of laws in conflict with thi& 
act are hereby repealed. 

Approved May 28, 1877. 



—8 



114: GUARDIAN AND WARD. 



GUARDIAN AND WARD. 



j 7. Bond. I g 28. Proceedings to sell Real Estate. 

An Act to amend section seven (7) and tiventy-eight (28) of an act entitled. 
"'An act in regard to Guardians and Wards," approved April 10, 1872. In 
force July 1, 1872. Aiiproved May 21, 1877. In force July 1, 1877. 

Section 1. Be it enacted by the People of the State of Illinois, rep)- 
resented in the General Assembly, That sections seven (7) and twent}'- 
eight (28) of an act entitled "An act in regard to Guardians and 
AVards," approved April 10, 1872, in force July 1, 1872, be and the same 
are hereby amended so as to read as follows : 

§ 7. [Bond.] The County Court shall take of the guardian ap- 
pointed by it, a bond, payable to the People of the State of Illinois, 
with at least two sufficient sureties, to be approved by the court in a 
reasonable amount, which shall in no case be less than double the 
amount of the minor's personal estate, and six times the amount of the 
gross annual income of the m^'nor's real estate : Provided, however, That 
if such real estate is improved, or is covered in whole or in part with 
timber, or is improved in part, and in part covered wdth timber, the 
penal sum in said bond shall be increased by an amount at least double 
the value of the said improvements, or of said timber, or both as the 
case may be ; and said bond shall be conditioned substantially as fol- 
lows : The condition of this obligation is such, that if the above 
bounden (name of guardian), who has been appointed guardian of 
(name of infant), shall faithfully discharge the office and trust of such 
guardian according to law, and shall make a true inventory of all the 
real and personal estate of the ward, that shall come to his possession 

or knowledge, and return the same unto the County Court of 

County, at the time required by law, and manage and dispose of all 
such estate according to law, and for the best interest of said ward, and 
faithfully discharge his trust in relation thereto, and to the custody, 
nurture and education of said ward, and render an account, on oath, 
of the property in his hands and of the management and disposition 
of all such estate, within one year after his appointment, and at such 
other times as shall be required by law or directed by the Court ; and 
upon removal from office, or at the expiration of his trust, settle his 
accounts in said Court, or with the ward or his legal representatives, 
and pay over and deliver all the estate, title papers and effects remain- 
ing in his hands, or due from him on such settlement, to tbe person 
or persons lawfully entitled thereto, then this obligation shall be void, 
oiherwise to remain in full force and viitue. 

§ 28. [Proceedings to Sell Real Estate.] On the petition of 
the guardian the County Court of the county where the ward resides, 
or if the ward does net reside in the State, of the county where the 
real estate, or some part of it is situated, may order the sale of the real 
estate of the ward, for his support and education, when the Court shall 
deem it necessary, or to invest the proceeds in other real estate or for 
the purpose of otherwise investing the same. Provided, The said County 
Court shall make no order for a sale under said petition until the said 



HUSBAND AND WIFE. 215 



guardian shall have executed and filed a bond, payable to the People 
of the State of Illinois, with at least two sufficient sureties to be ap- 
proved by the Court, in double the value of the real estate })y said pe- 
tition sought to be sold, conditoned for the due and faithful accounting 
for, and disposition of the proceeds of all real estate that may be sold 
by him, under such order, in the manner provided by law ; which bond 
may be put in suit in the name of the People of the State of Illinois, 
to the use of any person entitled to recover on a breach thereof, and 
damages assessed and proceedings had tliereon as in other cases of 
penal bonds. 

Approved May 21, 1877. 



HUSBAND AND WIFE. 



ACTION FOR MAINTENANCE AND SUPPORT. 
? 1. Support— Maintenance — Costs. | g 2. Security — Wiiere suit brouglit. 

An Act in relation to married women. Approved May 17, 1877. In force 

July 1, 1877. 

Section 1. [Support — Maintenance — Costs.] Be it enacted by the 
People of the State of Illinois, represented in the General Assembly, That mar- 
ried women who, without their fault, now live or hereafter may live, 
separate and apart from their husbands, may have their remedy in 
equit}' in their own names, respectively, against their said husbands 
for a reasonable support and maintenance while they so live, or have 
so lived separate and apart ; and in determining the amount to be al- 
lowed, the court shall have reference to the condition of the parties in 
life, and the circumstances of the respective cases; and the court may 
grant allowance to enable the wife to prosecute her suit, as in cases of 
divorce. 

§ 2. [Security — Where Suit Brought.] Proceedings under this 
act may be instituted in the county where either the husband or wife 
resides, and the wife shall not be required to give security for costs in 
any such proceeding. 

Approved May 17, 1877. 



IIQ IXSOLVENT DEBTORS. 



INSOLVENT DEBTORS. 



ASSIGNEE— EXEMPTIOX— BOND. 
'i 1. Assignment— Assignee — Exemption — Bond. 

An Act to amend section nine, of an act entitled '^An Act concerning in- 
solvent debtors," approved April 10, 1S72. Approved May 18, 1877. In 
force July 1, 1877. 

Section 1. [Assignment — Assignee — Exemption — Bond.] Be it 
enacted by the People of the State of Illinois, represented in the General 
Assembly, That section nine of the act entitled ''An act concerning 
insolvent debtors," approved April 10, 1872, be so amended as to read 
as follows : If after full investigation, it shall appear to the court, that 
the debtor has made a full, fair and complete schedule of all his 
estate, and all debts which he may be owing at the time, as required 
by section five of the act to which this is an amendment, and has not 
fraudulently conveyed, concealed or otherwise disposed of, some part 
of his estate, with a design to secure the same to his own use, or 
defraud his creditors, or has not wilfully misused or expended his 
goods or estate, or some part thereof, for the purpose of defrauding his 
creditors, it shall be the duty of the court to designate and set out to 
the debtor such property mentioned in the schedule as is exempt 
from execution, and to appoint some fit person to act as assignee of 
the debtor ; and such debtor shall immediately by endorsement upon 
such schedule, and otherwise, as the court may direct, assign to such 
person all his said estate, exce23t such as shall have been designated 
as exempt from execution, as aforesaid, or so much of said estate as 
may be sufficient to pay all the debts, interests, costs and charges in 
such schedule mentioned. Said assignee shall be required by the 
court to give a bond for the faithful performance of his trust as such 
assignee ; the conditions of said bond, and the security and the penal 
sum of the bond to be such as the court shall direct and approve. 

Approved May 18, 1877. 



volitntapvY assignment. 



g 1. How made. 

i 2. Notice— Claims. 

^ 3. Inventory— Oatli— Bond. 

I 4. Proving claim. 

I 5. Mode of proceeding. 

P 6. Final settlement— Costs. I ^ 13. Assignment— When void, 

g 7. Court— Jurisdiction over assignee. | i li. County court— Jurisdiction of. 



8. When no inventory with assignment. 

9. Additional inventory and bond. 

10. When claim not due. 

11. Power of assignee. 

12. When county judge may appoint. 



An Act concerning voluntary assignments, and conferring jurisdiction there- 
in upon County Courts. Approved May 22, 187'7. In force July 1, 1877. 

Section 1. [How Made.] Be it enacted by the People of the State of 
niinois, represented in the General Assembly, That in all cases of vol- 
untary assignments hereafter made for the benefit of creditor or 
creditors, the debtor or debtors shall annex to such assignment an in- 



INSOLVENT DEBTORS. ^7 



ventory, under oath or affirmation, of his, her or their estate, real and 
personal, according to the best of his, her or their knowledge ; and also 
a list of his, her or their creditors, their residence and place of business 
if known, and the amount of their respective demands; but such in- 
ventory shall not be conclusive as to the amount of the debtor's estate, 
but such assignment shall vest in the assignee or assignees the title 
to any other property, not exempt by law, belonging to the debtor or 
debtors at the time of making the assignment and comprehended 
within the general terms of the same. Every assignment shall be 
duly acknowledged and recorded in the county where the person or 
persons making the same reside, or where the business in respect of 
which the same is made has been carried on ; and in case said assign- 
ment shall embrace lands, or any interest therein, then the same shall 
also be recorded in the county or counties in which said land may be 
situated. 

§ 2. [Notice — Claims.] That the assignee or assignees named in 
such assignment, shall forthwith give notice thereof by publication in 
some newspaper published in the county, if any; and if none, then in 
the nearest county thereto, which publication shall be continued at 
least six weeks, and shall also forthwith send a notice thereof by mail 
to each creditor, of whom he or they shall be informed, directed to 
their usual place of residence and notifying the creditors to present 
their claims under oath or affirmation to him within three months 
thereafter. 

§ 3. [Inventory — Oath — Bond.] That the assignee or assignees 
shall also forthwith file with the Clerk of the County Court where 
such assignment shall be recorded, a true and full inventory and val- 
uation of said estate, under oath or affirmation, so far as the same has 
come to his or their knowledge, and shall then and there enter into 
bonds to the People of the State of Illinois for the use of the creditors 
in double the amount of the inventory and valuation, with one or 
more sufficient sureties to be approved by said Clerk, and the said 
Clerk shall give a receipt therefor, and the assignee or assignees may 
thereupon proceed to perform any duty necessary to carry into effect 
the intention of said assignment as respects the collection of debts and 
the sale of real or personal estate. Which said bond shall be taken 
in the name of the People of the State of Illinois, and the condition 
shall be as follows : The condition of this obligation is such that if 

the above bound assignee of shall in all 

things discharge his duty as assignee of aforesaid, and 

faithfully execute the trust confided to him then the above obligation 
to be void, otherwise to remain in full force. 

§ 4. [Proving Claim.] That at the expiration of three months 
from the time of first publishing notice as before provided, the assignee 
or assignees shall report and file with the Clerk of the County Court, as 
aforesaid, a true and full list, under oath or afilrmation, of all such 
creditors of the assignor or assignors, as shall have claimed to be such, 
with a true statement of their respective claims, and also an affidavit 
of publication of notice, and a list of the creditors, with their places 
of residence and the date of mailing, to whom notice has been sent by 
mail, duly verified. 

§ 5. [Mode of Proceeding.] That any person interested as creditor 



l[g INSOLVENT DEBTORS. 



or otherwise, by himself or attorney, may appear within thirty days 
after filing such report, and file with said Clerk any exceptions to the 
claim or demand of any creditor's exhibit as aforesaid, and the Clerk 
of said Court, upon such person, by himself or attorney, filing in said 
court good and sufficient bond for cost, to be approved by the Clerk, 
and executed in the same manner and to like effect in law as is now 
required in quitam actions as provided in sections one and two of an 
act entitled " An act to revise the law in relation to costs," approved 
February 11, 1874, shall forthwith cause notice thereof to be given to 
the creditor, which shall be served as in case of an original notice in the 
County Court, and shall be returnable at the next term of the County 
Court in said county; and the said County Court shall, at the 
next term, proceed to hear the proofs and allegations of the parties in 
the premises, and shall render such judgment thereon as shall be just, 
and may allow a trial by jury thereon. 

§ 6. [Final Settlement — Costs.] That at the first term of the 
said County Court after the expiration of the three months, as afore- 
said, should no exception be made to the claim of any creditor, or if 
exceptions have been made, and the same have been adjudicated and 
settled by the Court, the said Court shall order the assignee or 
assignees to make from time to time fair and equal dividends (among 
the creditors) of the assets in his or their hands, in proportion to their 
claims, and as soon as may be, and within one year thereafter, to ren- 
der a final account of said trust to said County Court, and said Court 
may allow such commissions and allowances to said assignee or 
assignees, in the final settlement as may be considered by the Court 
just and right. 

§ 7. [Court — Jurisdiction over Assignee.] That the assignee 
or assignees, in the execution of assignments, shall at all times be 
subject to the order and supervision of the County Court when in ses- 
sion, or the Judge of said Court, when not in session, and the said 
Court or the said Judge may, by citation and attachment, compel the 
assignee or assignees from time to time to file reports of his or their 
proceedings, and of the situation and condition of the trust, and to 
proceed in the faithful execution of the duties required by this act, 
and to obey the order of such Court when in session, or the said Judge 
when not in session, in relation to the complete and final settlenient, 
distribution and paying over of the proceeds derived from said trust 
or any part thereof, until a final settlement and distribution is made. 

§ 8. [When No Inventory with Assignment.] That no assign- 
ment shall be declared fraudulent or void for want of any list or 
inventory as provided in the first section of this act. The County 
Court of the count}^ n^ay, upon application of the assignee or 
assignees, or any creditor, compel the appearance in person of the 
debtor or debtors before such Court, by citation returnable forthwith, 
or at the next term thereof, and by attachment to answer, under oath, 
such matters as may then and there be inquired of him, her or them ; 
and such debtor or debtors may then and there be fully examined 
under oath, as to the amount and situation of his, her or their estate, 
and the names of the creditors and amounts due to each, with their 
places of residence ; and may compel the delivery to the assignee or 
assignees, of any property or estate embraced in the assignment. 



INSOLVENT DEBTORS. \12 



§ 9. [Additional Inventory and Bond.] That the assignee or 
assignees shall, from time to time, file with the Clerk of the County 
Court an additional inventory and valuation of any additional prop- 
erty or estate which may come into his or their hands under said 
assignment, after the filing of the first inventory, as above provided, 
in the same manner as in the case of the first inventory, and the 
Clerk may thereupon require additional security by bond, as upon 
the filing a first inventory. 

§ 10. [When Claim Not Due.] That any creditor may claim 
debts to become due as well as debts due, but on debts not due a 
reasonable abatement shall be made when the same .are not drawing 
interest, and all creditors who shall not exhibit his, her or their claim 
within the term of three months from the publication of notice as afore- 
said, shall not participate in the dividends until after the payment 
in full of all claims presented within said term and allowed by the 
County Court. 

§ li. [County Court — Jurisdiction of.] That any assignee or 
assignees, as aforesaid, shall have as full power and authority to dis- 
pose of all estate, real and personal assigned, as the debtor or debtors 
had at the time of the assignment, and to sue for and recover in the 
name of such assignee or assignees everything belonging or apper- 
taining to said estate, real or personal, and generally to act and do 
whatsoever the said debtor or debtors might have done in the premi- 
ses ; but no sale of any real estate belonging to said trust shall be 
made only on notice published as in case of sales of real estate on exe- 
cution, unless the County Court shall order and direct otherwise. 

§ 12. [Power of Assignee — When County Judge May Appoint.] 
That in case any assignee shall die before the closing of his trust, or 
in case any assignee shall fail or neglect for the period of twenty days 
after the making of any assignment, to file an inventory and valua- 
tion, and give bonds as required by this act, it shall be the duty of the 
County Judge of the county, where such assignment maybe recorded, 
on the application of any person interested as creditor or otherwise, 
to appoint some one or more discreet and qualified person or persons 
to execute the trust embraced in such assignment ; and such person 
or persons on giving bond with sureties as required above of the 
assignee or assignees named in such assignment, shall possess all the 
powers thereby, and by this act conferred upon such assignee or 
assignees, and shall be subject to all the duties hereb}^ imposed as fully 
as though he or they are named in the assignment, and in case any 
security shall be discovered to be insufficient, or on complaint before, 
the County Court it shall be made to appear that any assignee or 
assignees are guilty of wasting or misapplying the' trust estate, said 
County Court may direct and require the giving additional security, 
and may remove such assignee or assignees, and may appoint others 
in their stead to fulfill the duties of said trust ; and such person so 
appointed on giving bond shall have full power to execute sucli 
duties, and to demand, and sue for all estate in the hands of the per- 
son or persons removed, and to demand and recover the amount and 
value of all mone3^s and property or estate so wasted and misapplied, 
which he or they may neglect or refuse to make satisfaction for, from 
such person or persons, and his or their sureties. 



120 INSURANCE. 



§ 13. [Assignment When Void.] Every provision in any assign- 
ment hereafter made in this State providing for the payment of one 
debt or liability in preference to another, shall be void, and all debts 
and liabilities within the provisions of the assignment shall be paid 
pro rata from the assets thereof. 

§ 14. [Jurisdiction of County Courts.] Full authority and 
jurisdiction is hereby conferred upon County Courts and the Judges 
thereof, to execute and carry out the provisions of this act, and said 
courts shall be and remain open at all times for the transaction of 
business, under this act. 

Approved May 22, 1877. 



INSURANCE. 



FIRE, MARINE AND INLAND NAVIGATION. 
§ G. Capital of Joint Stock Companies — of Mutual Companies— Risks of Joint Stock Companies. 

An Act to amend section six (6) of an act entitled " An act to incorporate and 
govern Fire, Marine and Inland Navigation Insurance Companies doing 
business in the Stateof Illinois.^'' Approved May 11, 1877. In force July 1, 
1877. 

Section 1. Be it enacted by the People of the State of Illinois, represented 
in the General Assembly, That section six (6) of an act entitled " An 
act to incorporate and govern Fire, Marine and Inland Navigation 
Insurance Companies doing business in the State of Illinois," in force 
July 1, 1869, shall be amended to read as follows : 

§ 6. [Capital of Joint Stock Companies — Risks.] No joint stock 
company shall be incorporated under this act in the cit}^ of Chicago, 
nor shall any company incorporated under this act establish any 
agency for the transaction of business in said city, with a smaller 
capital than one hundred and fifty thousand dollars (^150,000), actu- 
ally paid in in cash, nor in any other county in this State with a 
smaller capital than one hundred thousand dollars ($100,000), actually 
paid in in cash. Nor shall any company formed under this act for the 
purpose of doing the business of fire or inland navigation insurance on 
the plan .of mutual insurance, commence business, if located in the 
city of Chicago, nor establish any agency for the transaction of busi- 
ness of said city, until agreements have been entered into for insur- 
ance with at least four hundred applicants, the premiums on which 
shall amount to not less than two hundred thousand dollars ($200,000), 
of which forty thousand dollars ($40,000), at least, shall have been 
paid in cash, and notes of solvent parties, founded on actual and bona 
fide application for insurance shall have been received for the Temainder, 
nor shall any mutual insurance company in any other part of the 
State commence business until agreements have been entered into for 
insurance with at least one hundred applicants, the premiums on 
which shall amount to not less than fifty thousand dollars ($50,000), 



IXSUEAXCE. 



121 



of which ten thousand dollars (810,000) at least shall have been 
paid in cash and notes of solvent parties founded on actual and bona 
fide applications for insurance shall have been received for the remain- 
der. No one of the notes received as aforesaid shall amount to more 
than one thousand dollars (61,000), and no two notes shall be given 
for the same risk, or be made by the same person or firm, except where 
the whole amount of such notes shall not exceed one thousand dollars 
($1,000) ; nor shall any such note be represented as capital stock, unless 
a policy be issued upon the same within thirty days after the organ- 
ization of the company upon a risk which shall not be for a shorter 
period than twelve months. Each of the said notes shall be payable 
in part or in whole at any time Avhen the directors shall deem the 
same requisite for the payment of losses by fire or inland navigation, 
and such incidental expenses as may be necessary for transacting the 
business of said company. And no note shall be accepted as part of 
said capital stock unless the same shall be accompanied by a certifi- 
cate of a Justice of the Peace, or Supervisor of the town or city 
where the person making such note shall reside, that the person mak- 
ing the same is in his opinion pecuniarily good and responsible for 
the same, and no such note shall be surrendered during the life of the 
policy for which it was given. No joint stock fire insurance company 
organized under this act, or transacting business in this State, shall 
expose itself to any loss on an}' one fire or in land navigation risk or 
hazard to an}' amount exceeding ten per cent, of its paid up capital. 
Approved May 11, 1877. 



FIRE. MARINE AND INLAND NAVIGATION. 

i 17. Joint stock companies may extend charter — mutual may become joint stock. 

An Act to amend section 17 of an act entitled ^^An act to incorporate and to 
govern fire, marine and inland navigation Insurance Companies, doing 
business in the State of Illinok.^^ Approved March 11, 1869. Approved 
May 21, 1877. In force July 1, 1877. 

Section 1, Beit enacted by the People of the State of Illinois, represented 
in the General Assembly , Thsi% BQciion seventeen (17) of an act entitled 
" An act to incorporate and to govern fire, marine and inland naviga- 
tion insurance companies doing business in the State of Illinois," 
approved March 11, 1869, be, and the same is hereby amended so as to 
read as follows : 

§ 17. [Joint Stock Companies May Extend Charter.] Any ex- 
isting joint stock or mutual fire insurance company heretofore incor- 
porated under the laws of this State, and any company organized 
under this act, having a capital of at least $100,000 may, 
without increasing its capital, at any time within two years 
previous to the termination of its charter, after giving no- 
tice at least once a week, for four weeks, successively, in a 
newspaper published in the county where such company is located, 
of such intention, and with a declaration under its corporate seal, 
signed by the President and two-thirds of its Directors of their. desire 



122 INSURANCE.' 



for such extension, extend the term of its original charter to the time 
specified in the twenty-fifth section of this act, by altering and amend- 
ing the same so as to accord with the provisions of this act, and filing 
a copy of such amended charter with the declaration aforesaid, in the 
office of the Auditor of Public Accounts, whereupon the same pro- 
ceedings shall be had as are required in the tenth section of this act. 
And any mutual insurance company, heretofore incorporated or 
organized under any of the laws of this State, having surplus assets, 
aside from premiums and stock notes sufficient to reinsure all its out- 
standing risks, after having given notice, once a week, for four weeks, 
of their intention and of the meeting hereinafter provided for, in a 
newspaper published in the county where such company is located, 
may, with the consent of two-thirds of the corporators or members 
present at any regular annual meeting, or at any special meeting 
duly called for the purpose, or with the consent in writing of two- 
thirds of the corporators or members of such company, and the con- 
sent also, of three-fourths of the trustees or directors, unless otherwise 
provided in the charter, become a joint stock company, b}^ conforming 
its charter to, and otherwise proceeding in accordance with, this act ; 
and every member of such company, on the day of said annual or 
special meeting, or the date of said written consent, shall be entitled 
to priority in subscribing to the capital stock of said company, for 
one month after the opening of the books of subscription to such cap- 
ital stock, in proportion to the amount of cash premiums paid in by 
such members on unexpired risks in force on the day of said annual 
or special meeting, or the date of said written consent ; and every 
company so extended or changed, shall come under the provisions of 
this act, in the same manner as if it had been incorporated originally 
under this act : Provided, That no mutual fire insurance company 
shall be entitled to reorganize under this law, or to have its organiza- 
tion renewed or extended unless it shall actual!}^ be doing business at 
the time of the passage of this act. 
Appeoved May 21, 1S77. 



REVOKIN J CERTIFICATE. 
g 223^. When Auditor may revoke eertiticate. 

An Act to amend an act e.ntitled '■'■An act to incorporate and to govern 
Jire, marine and inland navigation insurance companies doing busi- 
ness in the State of Illinois," approved Ifarch 11th, 1869. J.p- 
proved 3Iay 31, 1877. In force July 1, 1877. • 

Section 1. Be it enacted by the People of the State of Jllinois, represented 
in the General Assembly, That an act entitled "An act to incorporate 
and to govern fire, marine and inland navigation insurance companies 
doing business in the State of Illinois," approved March 11th, 1869, be 
amended bv inserting after section twentj'-two (22) an additional sec- 
tion to be numbered Section 22-o-, as follows, to-wit : 

22^. [WiiEx Auditor may Revoke C'ertificate] If tlie Audi- 



INSURA^■CE. 



12c 



tor has or shall have at any time satisfactory evidence that any annual 
statement or other report required or authorized by this act, made or 
to be made by any oilicer or officers, agent or agents of an}^ corpora- 
tion, association or partnership, incorporated by or organized under 
the laws of any State of the United States or any foreign government, 
is false, it shall be the duty of said Auditor to immediately revoke the 
certificate of authority granted on behalf of such corporation, association 
or partnership, and mail a copy of such revocation to each agent thereof 
in this State. And the agent or agents of such corporation, associa- 
tion or partnership, after such notice, shall discontinue the issuing of 
any new policy and the renewal of any policy previousl}^ issued ; and 
such revocation shall not be set aside nor any new certificate of au- 
thority given until satisfactory evidence shall have been furnished to 
said Auditor that such corporation, association or partnership is in 
substance and in fact in the condition set forth in such false state- 
ment or report, and that all the requirements of said act are fully com- 
plied with. 
Approved Mav 31, 1877. 



1. 


Number of persons required to organize. 


§ 11- 


2. 


Declaration of Copy of charter. 


I 12. 


3. 


Directors— Election— Voting. 


I IH. 


4. 


Officers. 


I 14. 


5. 


Bonds of Treasurer and Secretarj-. 


g 15. 


6. 


Powers of corporation. 


I 16. 


7. 


Qualification for membership. 


\ IV. 


8. 


Propertyinsured— Policies— Duration. etc 


I 18. 


0. 

10. 


Classification of property. 
Location of property insured. 


I 19. 



COUNTY FIRE INSURANCE COMPANIES. 

Proof of loss— Reference — Award. 

Assessment to pay loss. 

Notice of assessment. 

Suits to recover assessments, etc. 

Annual statement. 

Withdrawal from company — Notice, etc. 

Annual statement to Auditor. 

Proceedings to dissolve company. 

Township companies may accept bene?, ts. 

An Act to organize and regulate County Fire Insurance Companies. Aj)- 
proved June 2, 1877. In force July 1, 1877. 

Section 1. [Number of Persons Required to Organize.] Be it 
enacted by the People of the the State of Illinois, representecl in the General 
Assembly, That any number of persons, not less than twenty-five, resid- 
ing in any county in this State, who collectively shall own property 
of not less than fifty thousand dollars (850,000.00) in value, which they 
desire to have insured, may form an incorporated company for the pur- 
pose of mutual insurance against loss or damage by fire or lightning. 

§ 2. [Declaration — Copy of Charter.] Such persons shall file 
with the Auditor of Public Accounts a declaration of their intention 
to form a company for the purposes expressed in the preceding sec- 
tion, which declaration shall be signed by all the corporators and shall 
contain a copy of the charter proposed to be adopted by them. Such 
charter shall set forth the name of the corporation which shall em- 
brace the name of the city, town or village in which the business office 
of such company is to be located and the intended duration of the 
company and if it is found conformable to this act and not inconsis- 
tent with the laws and constitution of this State, the Auditor shall 
thereupon deliver to such* persons a certified coj)y of the charter. 



124 IXSURANCE. 



which, on being filed in the office of the county clerk of the county 
where the office of such company is to be located, shall be their au- 
thority to organize and commence business. Such certified copy of 
the charter may be used in evidence for or against said company wath 
the same effect as the original : Provided, That such charter so ob- 
tained shall be subject to control of, and modification by the General 
Assembly. 

§ 3. [Directors — Election — Voting.] The number of Directors 
shall be nine — five of whom shall constitute a quorum to do business — 
to be elected from the corporators by ballot and hold their offices until 
their successors are elected and qualified. In the election of the first 
board of directors each corporator shall be entitled to one vote. All 
subsequent elections except to fill vacancies shall be held at the annual 
meeting of the company, which shall be on the first Tuesday after the 
first Monday of January in each year, and every person insured shall 
be entitled to as many votes as there are directors to be elected, and 
an equal additional number for each five hundred dollars ($500) that 
he may be insured in the company, and may cast the same in person 
or by proxy, distributing them among the same or a less number of 
candidates than the number of directors to be elected or cumulating 
them upon one candidate, as he shall think fit. 

§ 4. [Officers.] The directors shall elect from their number a 
president and a treasurer, and shall also elect a secretary, who may or 
may not be a member of the company, all of whom shall hold their 
office for one year, and until their successors are elected and qualified. 

§ 5. [Bonds of Treasurer and Secretary.] The treasurer and 
secretary shall each give bonds to the company for the faithful per- 
formance of their duties, in such amounts as shall be prescribed by the 
board of directors. 

§ 6. [Powers of Corporation.] Such corporation and its direc- 
tors shall possess the usual powers and be subject to the usual duties of 
corporations and directors thereof, and may make such by-laws, not 
inconsistent with the constitution or laws of this State, as may be 
deemed necessary for the management of its affairs in accordance with 
the provisions of this act; also to prescribe the duties of its officers and 
fix their compensation, and to alter and amend its by-laws when 
necessary. 

§ 7. [Qualification for Membership.] Any person owning 
property in the county for Avhich any such company is formed, if he 
resides in the county in which such company is located, may become 
a member of such company by insuring therein, and shall be entitled 
to all the rights and privileges appertaining thereto, but no person 
not residing in the county in which the company is formed shall be- 
come a director of such company. 

§ 8. [Property Insured — Policies — Duration — Amount — Pay- 
ment.] Such company may issue policies only on detached dwellings, 
barns (except livery, boarding and hotel barns), and other farm build- 
ings and such property as may properly be contained therein, for any 
time not exceeding five years, and not to extend beyond the limited 
duration of the charter, and for an amount not to exceed three thou- 
sand dollars ($3,000) on any one risk. All persons so insured shall 



INSURANCE. 125 



give their obligation to the company binding themselves, their heirs 
and assigns to pay their pro rata share to the company of the neces- 
sary expenses and of all losses by fire or lightning which may be sus- 
tained by any member thereof during the time for which their 
respective policies are Avritten ; and they shall also, at the time of 
effecting the insurance, pay such percentage in cash, and such other 
charge as may be required by the rules or by-laws of the company. 

§ 9. [Classification of Property.] Any such company may 
classify the property insured therein at the time of issuing policies 
thereon, under different rates, corresponding as nearly as may be to 
the greater or less risk from fire or lightning and loss which ma}' at- 
tach to each several building insured. 

§ 10. [Location of Property Insured.] No such company shall 
insure any property beyond the limits of the county comprised in the 
formation of the compan}'', nor shall they insure any property within 
the limits of any city containing over twelve thousand (12,000) in- 
habitants at the time of the organization of such company. 

§ 11. [Proof of Loss — Reference — Award.] Every member of 
such company who may sustain loss or damage by fire or lightning, 
shall immediately notify the president of such company, or, in his 
absence the secretary thereof, stating the amount of damage or loss 
claimed, and if not more than fifty dollars (850.00), then the president 
and secretary shall proceed to ascertain the amount of such loss or 
damage and adjust the same. If the claim for damage or loss shall be 
an amount greater than fifty dollars (S50.00), then the president of 
such company, or in case of his absence, the secretary thereof shall 
forthwith convene the directors of such company, whose duty it shall 
be when convened to appoint a committee of not less than three 
members of such company to ascertain the amount of such damage 
or loss. If, in either case, there is a failure of the parties to agree 
upon the amount of such damage or loss, the claimant may appeal ta 
the judge of the county court of the county in which such company is 
located, whose duty it shall be to appoint three persons as a commit- 
tee of reference, who shall have full authority to examine witnesses 
and to determine all matters in dispute, and shall make their award 
in writing to the president of such company, and such award shall 
be final. The pay of said committee shall be two dollars ($2.00) per 
day for each day's service so rendered, and four cents for each mile 
necessarily traversed in the discha,rge of their duties, which shall be 
paid by the claimant, unless the award of said committee shall exceed 
the sum offered by the company in liquidation of such loss or damage, 
in which case said expenses shall be paid by the company. 

§ 12. [Assessment to Pay Loss.] Whenever the amount of an}- 
loss shall have been ascertained, which exceeds in amount the cash 
funds of the company, the president shall convene the directors of 
said company, who shall make an assessment upon all the property 
to the amount for which each several piece of property is insured, 
taken in connection with the rate of premium under which it may be 
classified. 

§ 13. [Notice of Assessment,] It shall be the duty of the presi- 
dent, whenever such assessment shall have been made to immediately 
notify every person composing such company, personally, by an agent 



12Q INSURANCE. 



or by letter sent to his usual post-office address, of the amount of such 
loss, and the sum due from him as his share thereof, and of the time 
when and to whom such payment is to be made ; but such time shall 
not be less than thirty nor more than ninety days from the date of 
such notice. 

§ 14. [Suits to Recover Assessments — Actions against Com- 
pany.] Suits at law may be brought against any member of such 
company who shall neglect or refuse to pa}'' any assessment made up- 
on him by the provisions of this act ; and the directors of any com- 
pany so formed, who shall willfully refuse or neglect to perform the 
duties imposed upon them by the provisions of this act, shall be liable 
in their individual capacity to the person sustaining such loss. Suits 
at law may also be brought and maintained against an}^ such company, 
by members thereof, for losses sustained, if payment is withheld after 
such losses have become due. 

§ 15. [Annual Statement.] It shall be the duty of the Secre- 
tary to prej)are an annual statement, showing the condition of such 
company on the thirt3^-f]rst day of December and present the same at 
the annual meeting. 

§ 16. [Withdrawal from Company — Notice — Cancellation 
OF Policy.] Any member of such company may withdraw there- 
from by surrendering his policy for cancellation, at any time while 
the company continues the business for which it was organized, by 
giving notice in writing to the secretary thereof and paying his 
share of all claims then existing against said company : Provided, 
That by the withdrawal of any such member, the number of the 
members remaining in the comj^any shall not be reduced below the 
original number of Corporators, or that the assets will not be reduced 
below the amount at the time of the organization : Provided, further, 
That the company shall have power to cancel or terminate any j)olicy 
by giving the insured notice to that efiect. 

§ 17. [Annual Statement to Auditor.] It shall be the duty of 
the President and Secretary of every such company on the first day 
of January of each year, or within one month thereafter, to prepare 
under their own oath and transmit to the Auditor of Public Accounts, 
a statement of the condition of the company on the thirty-first day 
of December then next preceding, in such form as the Auditor may 
direct. If upon examination, he is of the opinion that such company 
is doing business correctly, in accordance with the provisions of this 
act, he shall thereupon furnish the company his certificate, which 
shall be deemed authority to continue business the ensuing year ; 
subject, however, to subsequent provisions of this act. For such ex- 
amination and certificate the company shall pay one dollar. Each 
company shall pay, at the time of organization, ten dollars ($10.00) 
for the Auditor's services, all of which shall be paid into the State 
Treasury and applied to the insurance fund. 

§ 18. [Proceeding to Dissolve Company.] Any such company 
may be proceeded against and dissolved in the manner and upon the 
same conditions as provided in case of other insurance companies in- 
corporated in this State. 

§ 19. [Township Insurance Companies may Accept Benefits.] 



IKSURAXCE. 



127 



Any township or district insurance company formed under an act en- 
titled " An act to revise the law in relation to township insurance 
companies," approved March 24, 1874, may with the written consent 
of two-thirds of the members, accept the provisions of this act, and 
thereupon shall be governed by its provisions. Before any such com- 
pany shall be entitled to the benefits thereof, the directors or a major- 
ity of them shall file with the Auditor of Public Accounts the 
declaration provided for in section two of this act. 

Approved June 2, 1877. 



TOWXSHIP COMPANIES. 

I 11. Notice of Loss — Adjustment— Expense. 

An Act to amend section eleven (11) of " An act to revise the latv in relation 
to Township Insurance Companies.^'' Approved^ March 24, 1874. ApjDroved 
May 11, 1877. In force July 1, 1877. 

Section 1. Be it enacted by the PeopAe of the State of Illinois, represented 
in the Genercd Assembly, That section eleven (11) of an act entitled "An 
act to revise the law in relation to Township Insurance Companies," 
approved March 24, 1874, be amended to read as follows : 

§ 11. [Notice of Loss — Adjustment — Expense.] Every member 
of such company who may sustain loss or damage b}^ fire or lightning, 
shall immediately notify the President of such company, or in his 
absence the Secretary thereof, stating the amount of damage or loss 
claimed, and if not more than fifty dollars (SoO), then the President 
and Secretar}' shall proceed to ascertain the amount of such loss or 
damage and adjust the same. If the claim for damage or loss, shall be 
an amount greater than fifty dollars ($50), then the President of such 
company or in case of his absence the Secretary thereof, shall forth- 
with convene the Directors of such company, whose duty it shall be 
when convened to appoint a committee of not less than three mem- 
bers of such company to ascertain the amount of such damage or loss. 
If in either case there is a failure of the parties to agree upon the 
amount of such damage or loss, the claimant may appeal to the Judge 
of the County Court of the county in which the office of such com- 
pany is located, whose duty it shall be to appoint three pe2\sons as a 
committee of reference, who shall have full authority to examine 
witnesses and to determine all matters in dispute and shall make their 
award in writing to the President of such company, and such award 
shall be final. The pay of said committee shall be two dollars (S2.00) 
per day for each day's service so rendered, and four cents for each mile 
necessarily traversed in the discharge of their duties, which shall be 
paid by the claimant, unless the award of said committee shall ex- 
ceed the sum offered by the company in liquidation of such loss or 
damage, in which case said expenses shall be paid by the company. 

Approved May 11, 1877. 



128 ' JUSTICES AND CONSTABLES. 



JUSTICES AND CONSTABLES. 



PROCEEDINGS OF DEFAL'LT. 
i 34. Default of Defendant— Affidavit of claim. 

An Act to amend section 34 of an act entitled, ^^ An act to jyro- 
vide for the Election and Qualification of Justices oj- the Peace and Constables, 
and to provide for the Jurisdiction and Practice of Justices of the Peace in * 
Civil Cases, and fix the Duties of Constables, and to repeal certain acts 
therein named,^^ approved April 1, 1872. In force Jidy 1, 187.2. Aj)- 
proved May 22, 1877. In force July 1, 1877. 

Section 1. Be it enacted by the People of the State of Illinois, represented 
in the General Assembly, That section 34 of an act entitled 
" An act to provide for the election and qualification of Justices of the 
Peace and Constables, and to provide for the jurisdiction and practice 
of Justices of the Peace in civil cases and fix the duties of Constables, 
and to repeal certain acts therein named," approved April 1, 1872 ; in 
force July 1, 1872, shall be amended to read as follows : 

§ 34. [Default of Defendant — Affidavit op Claim.] If the de- 
fendant shall not appear at the time of trial, after giving bail, or after 
being served with summons, and no suflEicient reason be assigned to 
the justice, why he does not appear, the justice shall proceed to hear 
and determine the cause, but shall not give judgment in favor of the 
plaintifl', unless the plaintiff shall fully prove his demand in the same 
manner as if the defendant were present and denied the same : Prov- 
ided, That if the plaintiff in any suit upon a contract, expressed or 
implied, for the payment of money shall file with the justice, at the 
time of commencing such suit an affidavit showing the nature of his 
demand and the amount due him from the defendant, after allowing 
to the defendant all his just deductions, credits and set-offs, if any, he 
shall be entitled to judgment in case of default, but the justice may 
require further evidence : Provided further, That in cases of appeal 
from the judgment of the justice of the jDcace, as aforesaid, such affi- 
davit shall have the same force and effect in the appellate court as if 
such suit had been commenced in such appellate court. 

Approved May 22, 1877. 



WHO MAY practice BEFORE JUSTICE. 
§1. Who may practice in as attorneys. | §2. Penalty. 

An Act to restrain persons not attorneys to practice before Justices of the. Peace. 
Approved May 23, 1877. In force July 1, 1877. 

Section 1. [Who May Practice before Justice.] Be it enacted by 
the People of the State of Illinois, represented in the General Assembly, That no 
person shall practice, act or appear as an attorney or counselor before 
any Justice of the Peace in this State in any civil or criminal action, 



LANDLORD AXD TENANT— MA RPJAGE. ^^99 



or suit about to be commenced or then pending, unless such person is 
a regularly licensed attorney in accordance with the laws of this State, 
except that plaintiffs shall have the liberty of prosecuting, and de- 
fendants of defending, in their proper persons, in all suits before any 
Justice of the Peace : Provided, This act shall only apply to Justice's 
Courts in cities of one hundred thousand inhabitants or over. 

§ 2. [Penalty.] Any person that shall be found guilty of a 
violation of this act, shall be fined in a sum of not less than five dol- 
lars nor more than fifty dollars ($50.00), or be imprisoned in 
the county jail not exceeding twenty days, or either, or both, in the 
discretion of the court; and it shall be lawful for any person or per- 
sons, having paid any money or other thing to such person to main- 
tain an action for the recovery of the money so paid or the value of 
the thing so given. 

Approved May 23, 1877. 



LANDLORD AND TENANT. 



i 1. Distress, before rent due. 

An Act in relation to Landlord and Tenant. Approved May 21, 1877. 

In force July 1, 1877. 

Section 1. [Distress, Before Rent Due.] Be it enacted by the Peo- 
ple of the State of Illinois, represented in the General Assembly. That if any 
tenant shall, without the consent of his landlord, sell and remove, or 
permit to be removed or be about to sell and reinove, or permit 
to be removed, from the demised premises, such part or portion 
of the crops raised thereon as shall endanger the lien of the landlord 
upon such crops for the rent agreed to be paid, it shall and may be 
lawful for the landlord to insticute proceedings by distress before the 
rent is due, as is now provided by law, in case of the removal of the 
tenant from the demised premises; and thereafter the proceedings 
shall be conducted in the same manner as is now provided by law in 
ordinary cases of distress, where the rent is due and unpaid. 

Approved May 21, 1877. 



MARRIAGES. 



I 6, License. | I 2. Emergency. 

An Act to amend section six (6) of an act entitled '^An act to revise the laio in 
relation to Marriages,^' approved Feb. 27, 1874. Approved and in force 
May 11, 1877. 

Section 1. Be it enacted by the People of the State of Illinois, represented 
in the General Assembly, That section six (6) of an act entitled "An 

—9 



][3Q MILITARY CODE. 



act to revise the law in relation to marriages," be amended so as to 
read as follows : 

§ 6. [License.] Persons intending to be joined in marriage shall, 
before their marriage, obtain a license from the County Clerk of the 
county where such marriage is to take place, anything in any general 
or special law of this State to the contrary notwithstanding. 

§ 2. [Emergency.] Whereas, there now exists in certain cities 
of this State, under their special charters, power in certain police 
courts therein to issue marriage licenses, an emergency exists, there- 
fore this act shall take effect and be in force after its passage. 

Approved May 11, 1877. 



MILITARY CODE. 



ARTICLE I. 

LIABILITY AND EXEMPTION. 

§ 1. Liability and exemption. 

ARTICLE IL 

ENROLLMENT. 

§ 1. Enrollment. 

ARTICLE III. 

VOLUNTEERS. 

3 1. How designated— Enlistments— Odth. 

ARTICLE IV. 

ORGANIZATION. 



I 1. Adjutant General. 

i 2. Appointment and rank of officers. 

i 3. Of what regiments, etc. , shall consist. 

f, 4. Organization of companies. 

'i 5. Election of officers. 



§ 6. Examining board. 

} 7. By-laws. 

'i 8. Term of duty. 

g 9. Disbanding company. 

'i 10. Regulations governing. 



ARTICLE V. 

EXEMPTIONS. 

g 1. Road tax— Arrest— Arms— Property, etc. 

ARTICLE VI. 

PARADES AND ENCAMPMENT. 

Drills. I §3. Encampment — Authoriiy of commandi 

Three days' parade. officer. 

I g 4. Target practice. 



MILITARY CODE. ^^l 



ARTICLE VII. 

ARMS AND ARMORIES. 

'i 1. Bond for return of arms, etc. I § 3. Inspection of arms— Expenses. 

I 2. Aj^ortionment of funds— Requisition for 
arms, etc. ' I 



ARTICLE YIII. 

FINES AND COURT MARTIAL. 



S 1. Fines. 

§ 2. Judge — Advocate. 

g 3. Courts Martial. 



g 4. Extent of fine. 

g 5. Approval of sentence. 



ARTICLE IX. 

APPROPRIATIONS. 

§ 1. Tax to be levied. 

ARTICLE X. 

GENERAL PROVISIONS. 
g 1. Term of office. I § 2. Act repealed. 

An Act to provide for the organization of the State Militia, and entitled "The 
Military Code of Illinois.''' Approved May 18, 1877. In force July 1, 

1877. 

I. LIABILITY AND EXEMPTION. 

Section 1. [Who Liable — Who Exempt.] Be it enacted- by the 
People of the State of Illinois, represented in the General Assembly, That all 
able-bodied male citizens of this State between the ages of eighteen 
and forty-five years, not expressly exempted by the laws of the United 
States, all civil officers and such as may on account of their profession 
or employment be exempted '^y the Commander-in-Chief, shall be sub- 
ject to military duty and designated as the Illinois State ^lilitia. 

II. enrollment. 

§ 1. [Enrollment.] When it is necessary to execute the laws, 
suppress insurrection, or repel invasion or when a requisition shall 
be made by the President of the United States for troops, the Govern- 
or as Commander-in-Chief, shall, by his proclamation, require the en- 
rollment of the militia of the State or of such portion thereof, as may 
be necessary ; and he shall appoint necessary enrolling officers, and 
prescribe their duties, issuing all proper orders that may be required 
in the premises. He nia}^ designate the place of rendezvous, provide 
for the organization of the militia into companies, battalions, regi- 
ments and brigades, and their equipments, as the case may require. 
The militia, when called into active service, shall receive the same 
pay and subsistence, as is provided for like troops in the service of the 
United States. 



132 MILITARY CODE. 



III. VOLUNTEERS. 

§ 1. [How Designated— Enlistments — Oath.] The active militia 
shall be designated as the " Illinois National Guard," and shall be re- 
cruited b}^ volunteer enlistments. The entire State shall compose one 
division of not more than three brigades, to be commanded by one 
Major General and three Brigadier Generals. The Commander-in- 
Chief shall assign all regiments, battalions and companies to such 
brigades as he shall think proper. All enlistments therein shall be 
for five years, and made by signing enlistment papers, prescribed by 
the Adjutant General, and taking the following oath or affirmation, 
which may be administered by the enlisting officer, to-wit : You do 
solemnly swear (or affirm) that you will bear true allegiance to the 
United States and the State of Illinois, and that j^ou will support the 
constitution thereof ; that you will serve the State of Illinois faith- 
fully in its military service for the term of five years, unless sooner 
discharged, or you cease to become acitizen thereof; that you will obey 
the orders of the Commander-in-Chief, and such officers as may be 
placed over you, and the laws governing the military forces of Illinois, 
so help you God. 

lY. organization, etc. 

§ 1. [Stafe and Rank.] The staff of Commander-in-Chief shall 
consist of an Adjutant General who shall be ex-officio chief of staff, 
Commissary General, and Quartermaster General, and such other offi- 
cers as he may think proper to ajipoint. The Adjutant General shall 
rank as a Major General. He shall issue and transmit all orders of the 
Commander-in-Chief, with reference to the militia or military organi- 
zationsof the State, and shall keep a record of all officers commissioned 
by the Governor and of all general and special orders and regulations, 
and of all such matters as pertain to the organization of the State 
militia and the duties of an Adjutant General. He shall have charge 
of the State Arsenal and grounds, and shall receive and issue all ord- 
dance and ordnance stores and camp equipage on the order of the Com- 
mander-in-Chief. He may appoint with the approval of the Governor an 
ordnance sergeant at a salary of not more than $G00 per year, who shall, 
under the direction of the Adjutant General, take charge of the State 
Arsenal and grounds, and shall aid and assist him in the discharge of 
his duties. He shall furnish, at the expense of the State, all proper 
blank books, blanks and forms, and such military instruction books, 
as shall be approved by the Commander-in-Chief. He shall also on 
or before the first day of October, next preceding the regular session 
of the General Assembl3^ and at such other times as the Governor 
shall require, make out a full and detailed account of all the trans- 
actions of his office, with the expenses of the same for the preceding 
two years, and such other matters as shall be required by the Gov- 
ernor. He shall reside at the State Capitol and shall hold his office 
during the pleasure of the Governor, and shall receive for his services 
$2,000 a year. 

§ 2. [Appointment and Rank of Officers.] The Generals of 
Division and Brigades shall be appointed by the Governor and shall 
hold their office until removed by court-martial or resignation. On 



MILITARY CODE. 



recommendation of the General of Division the Governor shall ap- 
point and commission the following as the Division staff: Chief of 
staff, with rank of " Colonel ; " Assistant Adjutant General with rarik 
of Lieutenant Colonel; Assistant Inspector, with rank of Lieutenant 
Colonel; Surgeon, with rank of Lieutenant Colonel; Quartermaster, 
with rank as Major ; Commissary, with rank as Major ; Judge Advo- 
cate, with rank as Major; Paymaster, with rank as Major; and two 
Aids-de-Camp, with rank as Captain. On recommendation of Brigade 
commanders, the Governor shall appoint and commission the Brigade 
staff as follows : Assistant Adjutant General, with rank as Lieutenant 
Colonel; Assistant Inspector General, with rank as Major ; Surgeon, 
with rank as Major ; Quartermaster, with rank as " Captain ;" Com- 
missar}^, with rank as " Captain ; '' and two Aids-de-Camp, with rank 
as First Lieutenant. 

§ 3. [Of What Regiment shall Consist.] A regiment shall con- 
sist of not less than eight, and not more than ten companies. A bat- 
talion shall consist of not less than two and not more than seven com- 
panies. A battalion of less than four companies shall be entitled to 
a Major, and when it has been augmented to four or more companies 
it shall be entitled to a Lieutenant Colonel. The Colonel, Lieutenant 
Colonel and Major of all battalions and regiments shall be elected by 
the line officers thereof. The regimental staff shall consist of a Sur- 
geon, with the rank of "Major ;" Assistant Surgeon, with the rank of 
Captain; Chaplain, with the rank' of "Captain;'' Adjutant, with the 
rank of "First Lieutenant ;"' Quartermaster, with the rank of "First 
Lieutenant ;" who shall be appointed and commissioned by the Gov- 
ernor on recommendation of the battalion commander. The Colonel 
of each regiment shall appoint by Avarrant, countersigned by the 
Adjutant, a Sergeant Major, Quartermaster Sergeant, Commissary 
Sergeant, Llospital Steward, Color Sergeant, Ordnance Sergeant, Drum 
Major, and two principal Musicians, who shall constitute the non-com- 
missioned staff. All field officers shall hold their offices for five years. The 
commissions of all staff officers shall expire when the successor of the 
officer nominating them shall make new nominations to their respec- 
tive office and such nomination shall be confirmed by the Commander- 
in-Chief. 

§ 4. [Organization of Companies.] A company shall consist of a 
Captain, a First Lieutenant, a Second Lieutenant, five Sergeants, 
eight Corporals, two Musicians, and not less than forty and not more 
than one hundred privates and non-commissioned officers. Company 
officers shall be elected by the members of the company, and shall 
hold their office for three years. All non-commissioned officers of com- 
panies on recommendation of their Captain shall be appointed by the 
warrant of the battalion commander, countersigned by the Adjutant. 

§ 5. [Election OF Officers.] All meetings for the election of offi-' 
cers shall be ordered by the Brigade commander. The orders therefor 
shall be addressed to an officer of his command to preside at such meet- 
ing, who shall at least one week previous thereto send a notice thereof 
by mail to each person entitled to vote thereat. The voting shall be 
by ballot and a majority of all the votes cast shall be necessary to elect 
and the result thereof shall be forthwith returned by the officer pre- 
siding to the regimental commandant, and the General commanding 



]^34 MILITAEY CODE. 



the brigade. If there shall be a failure to elect any officer at two 
meetings ordered therefor, the Commander-in-Chief may fill the va- 
cancy by direct appointment. If the officer designated to preside at 
such meeting shall not appear thereat, the senior officer present shall 
preside. 

§ 6. [Examining Board.] An examining board of three or more 
competent officers appointed by the division commander shall con- 
vene at such times and places as he shall direct, and examine in mili- 
tary tactics all commissioned officers below the rank of Brigadier 
General, who shall be ordered before it. The division commander 
shall give at least two weeks' notice to all such officers to appear 
thereat. Said board shall in twenty days after such examination 
make a detailed report of its result and on recommendation of the 
division commander, the Governor shall revoke appointments of all 
officers failing to pass an examination satisfactory to said board. If 
any officer shall fail to appear for examination on receiving proper 
notice he may be allowed an opportunity for examination at the next 
session of the board, if he shall give a satisfactory excuse for his ab- 
sence : Provided, That no ofiicer who has passed a satisfactory' exam- 
ination shall be re-examined. 

§ 7. [By-Laws.] Every company, battalion and regiment may 
make by-laws, for its government, not in conflict with this act, or 
with general orders or regulations, which shall be binding upon the 
members. ^ 

§ 8 [Term OF Service.] Every officer, non-commissioned officer, 
musician and private of the Illinois National Guard, shall be held to 
duty for the full term of five years, unless regularly discharged for 
good and sufficient cause by the commandant of his regiment, battal- 
ion, or battery approved by the division commander: Provided, That 
said term of five years shall in all cases commence from the time such 
officer, non-commissioned officer, musician and private shall have be- 
come an active member of any band, compan}^, battalion, or brigade 
organized or commissioned under the laws of this State and now be- 
longing thereto. 

§ 9. [Disbanding Company.] Whenever any company of the State 
Guard shall become reduced to a number less than forty non-commis- 
sioned officers and privates uniformed and active members it shall be 
disbanded or consolidated with another company, by the General of 
Division. 

§ 10. [Standard Regulations.] The organization, equipment, dis- 
cipline and military regulations of the State Militia shall strictly 
conform to the regulations for the government of the army of the 
United States in all cases except as herein otherwise provided ; and 
all orders and regulations governing troops, not in conflict with the 
constitution of this State and the provisions of this act shall be bind- 
ing upon all members of the Illinois National Guard. 

V. exemptions. 

Section 1. [Regulations Governing.] Everj^ officer, non-com- 
missioned officer, musician and private of the Illinois National Guard 
shall be exempt from jury duty, from pajanent of road labor and head 



MILITARY CODE. ]^35 



or poll tax of every description during the term he shall perform mili- 
tary dut}^ Any person who is physically unable to serve in the State 
Guard shall have the benefit of the foregoing exemptions by furnish- 
ing a substitute. The uniforms, arms and ecjuipments of every member 
of the State Guard shall be exempt from all suits, distresses, execu- 
tions or sales for debt or payment of taxes : Provided, That no prop- 
erty of any kind or nature whatsoever shall be exempt from execution 
issued for fines lawfully assessed by any officer, company, battalion or 
court martial against any member of the State Guard. The militia 
shall in all cases except treason, felony or breach of the peace be privi- 
leged from arrest during their attendance at drills, parades, encamp- 
ments, and the election of officers, and in going to and returning from 
the same. 

VI. PARADES AND EN'CAMPMEXT. 

Section 1. [Monthly Drills.] The commandant of each regi- 
ment and battalion may order monthly or semi-monthly evening 
drills by the companies of his command, from October to April in- 
clusive. 

§ 2. [Three Days' Parade.] The Illinois National Guard shall 
parade for drill three days annually b^^ company, regiment or brigade 
as ordered by the Major General. 

§ 3. [Encampment — Authority' of Commanding Officer.] The 
commanding officer of any encampment or parade may cause those 
under his command to perform any field or camp duty he shall require, 
and may put under arrest during such encampment or parade any 
member of his command who shall disobey a superior officer or be 
guilty of disorderly or unmilitary conduct, and any other person who 
shall trespass on the parade or encampment ground, or in any Avay in- 
terrupt or molest the orderly discharge of duty by the members of his 
command, and he may prohibit the sale of all spirituous or malt 
liquors within one mile of such encampment, and enforce such pro- 
hibition by force if necessary : Provided, hmvever, That nothing herein 
contained shall be construed to interfere with the regular business of 
any liquor dealer whose place of business shall be situate within said 
limits. 

§ 4. [Target Practice. The Major General shall direct such tar- 
get practice at the annual parades and encampments as he may deem 
expedient, and he shall command at each general encampment and 
report the conduct and discipline thereof to the Commander-in-Chief. 

VII. arms and armories. 

Section 1. [Bond for Return op Arms.] Upon the organization 
of any company or battalion of the State Guard on the requisition of 
its commanding officer, and the approval of the Governor, the Quar- 
termaster General shall issue all necessary ordnance and ordnance 
stores : Provided, however, That when any arms'or munitions are deliv- 
ered to an}'- commander he shall execute and deliver to the Adjutant 
General a bond payable to the People of the State of Illinois in a 
sufficient amount and with sufficient sureties to be approved by the 
Governor, conditioned for the proper use of such arms and munitions. 



136 MILITARY CODE. 



and the return of the same when requested by the proper officers in 
good order, wear, use and unavoidable loss and damage excepted. All 
such arms and munitions shall be kept at the company or regimental 
armory. 

§ 2. [Apportionment of Funds — Requisitions for Arms.] The 
following amounts of money shall be set apart for the military fund 
of the State as hereinafter provided, for the rent of an armory for each 
regiment or battalion, viz : The Adjutant General under the approval 
of the commander, shall ascertain and apportion to each company of 
the State Guard a reasonable amount for the payment of armory rent, 
fires, and lighting thereof and for the placing of insurance upon the 
property of the State, sufficient to cover losses by fire : Provided, That 
said apportionment shall be equal between the several regiments, bat- 
talions or companies based upon the number of enlisted men regularly 
reporting for duty. All requisitions for the rent of armories must be 
made in duyjlicate by the commandant of any regiment or battalion, 
countersigned by his Adjutant and Quartermaster, on the Governor, 
who being satisfied that said requisition is in compliance w'ith this 
act, shall cause one copy to be filed in the office of the Adjutant Gen- 
eral and the other copy he shall forward with his endorsement there- 
on, to the State Auditor, who shall thereupon draw his warrant for 
the amount named in said requisition on the State Treasurer payable 
out of the State military fund and forward said warrant to said com- 
mander. The armory of each regiment, battalion or company shall 
subject to the orders of the Adjutant General, be under the charge of 
its commanding officer, who shall keep therein all property furnished 
by the State. And no company shall be furnished with arms or 
equipments until a suitable armory shall be provided for their deposit. 

§ 3. [Inspection of Arms — Expenses.] The entire State Guard 
and all armories, ordnance, ordnance stores, and camp equipage, belong- 
ing to the State, shall be inspectedatleast once in each year under such 
rules and regulations as may be provided by the Inspector General, 
with the approval of the Commander-in-Chief, and all the necessary 
traveling expenses incurred therein shall be paid on the requisition in 
the same manner as hereinbefore provided for the payment of rent for 
armories. 

§ 4. [False Certificate.] Any officer, non-commissioned officer 
or private of the Illinois National Guard knowingly making any false 
certificate, or false returns of State property in his hands or neglecting 
or refusing to apply all money drawn from the State Treasurer for the 
purposes named in the requisition therefor, shall be guilty of embez- 
zlement and fraud and shall be punished in manner as provided for 
like offenses in the criminal code of this State. 

VIII. FINES AND COURT MARTIAL. 

Section 1. [Fines.] Every non-commissioned officer, musician 
and private absent without leave or excuse satisfiictory to his com- 
manding officer, from aii}^ parade, drill or encampment, shall be fined 
three dollars for each day of said absence, and for any unsol- 
dierly conduct at drill, parade or encampment, he may be fined not 
more than ten dollars by his commanding officer, who shall 



MILITARY CODE. 



137 



notify him of such fine within ten days after such absence or offense. 
If such fine is not paid within ten days after such notice, said com- 
manding officer shall certify the same to the commandant of his regi- 
ment, who shall hear and determine the same. And he may at an}' 
time within six months after such hearing, draw his warrant for the 
collection of such fine, directed to the sheriff or any constable, who 
shall proceed to enforce the same in the same manner as an execution 
issued in any action of tort. Such fines when collected, shall be paid 
into the treasury of the company, troop or band to which the offender 
belongs. Nothing herein shall be construed to prevent any company 
or band imposing such fines upon its members as it may think proper 
in its b3^-laws, which fines may be enforced in the same manner as 
hereinbefore provided for the collection of fines for absence from drill, 
parade or encampment. 

§ 2. [Judge Advocate.] ,A Judge advocate, with the rank of 
Lieutenant Colonel, shall be appointed for each brigade, and hold 
office during the pleasure of the Commander-in-Chief, who shall per- 
form the duties of such office in the Courts-Martial held in his dis- 
trict and no other person shall prosecute or defend in such courts ; but 
when he shall be unable to attend from any cause or shall be disquali- 
fied by interest or relationship, the Major-General may designate the 
Judge Advocate of another brigade to act in his place. 

§ 3. [Courts M.\rti.\l.] Commissioned officers for neglect of 
duty, disobedience of orders or unsoldierly or ungentlemanly conduct 
may be tried by Court Martial according to the regulations provided 
in like cases in the army of the United States. The Major General 
by order shall designate the time and place of holding such courts, 
and the names of officers composing it, consisting of not less than 
three nor more than six. The senior officer named shall preside and 
shall be of superior rank to the officer on trial when practicable. 
Witnesses for the prosecution and defense may be summoned to attend 
by subpoena signed by the Judge Advocate. Any witness duly sum- 
moned, Avho shall fail to appear and testif}^ may be, by warrant of the 
President of court, directed to the sheriff or any constable, arrested 
and treated as in like cases before civil courts. The fees of all wit- 
nesses shall be the same as allowed in civil cases, to be taxed 
with the necessary expenses of the Judge Advocate and the court, hj 
the President of the court and paid by the State Treasurer, on the 
Auditor's warrant, to the Judge Advocate who shall pay all the ex- 
penses of the trial, when received by him. 

§ 4. [Extent of Fixe.] No Court Martial in time of peace, shall 
order any punishment other than a reprimand, or fine of not more 
than one hundred dollars, and cashiering with disability of holding 
any military office in this State, or either of them. Said fine shall 
carry with it all the costs of the trial, and shall be collected by the 
sheriff on the Avarrant of the President, endorsed with the approval 
of the Major General as on executions issued in actions of tort, and 
he shall pa}^ them to the State Treasurer on account of the military 
fund. 

§ 5. [ArPROVAL OF Sentences.] The sentences of Courts Martial 
shall be approved or disa]:)proved by the Commander-in-Chief, who 



]^38 MILITARY CODE— MILLS AKD MILLERS. 



may mitigate or remit any punishment awarded by sentence of court 
martial, when such sentence shall have been approvedby the Major Gen- 
eral. The record of all of the proceedings and the sentence of a Court 
Martial in every case with the order approving or disapproving it, 
shall be deposited in the office of the Adjutant General. 

IX. APPROPRIATIONS. 

§ 1. [Tax to be Levied.] There shall be levied and collected an- 
nually, in each county within this State at the same time and in the 
same manner that all State and county taxes are levied and collected 
one twentieth of a mill on a dollar upon the taxable property of 
this State, situate in said county, to be set apart as a military fund of 
this State. 

X. GENERAL PROVISIONS. 

§ 1. [Term of Office.] Nothing in this act shall be construed to 
extend the time of office of any commissioned officer bej^ond the term 
for which he shall have been elected by his company, battalion or 
regiment. 

§ 2. [Act Repealed.] Chapter 129 of the Revised Statutes of 
1874, entitled, "An act to revise the law in relation to the State 
Militia," in force July 1st, 1874, and all other acts or portions of acts 
in conflict herewith, are hereby repealed. 

Approved May 18, 1877. 



MILLS AND MILLERS. 



regulating the USE OF WATER OR WATER-POWER. 
'i 1. Mode of Regulating and Measuring. 

An Act to enable any person, persons or corporation oioning Dams, to regu- 
late the delivery and use of ivater or water-jjower. Approved May 11, 1877. 
In force July 1, 1877. 

Section 1. [Mode of Regulating and Measuring Water-power.] 
Be it enacted by the People of the State of Illinois, represented in the General 
Assembly, That in any and all cases where different persons have the 
right to use, in separate or distinct quantities or proportions, the 
water or water-power furnished by a dam across any river in this 
State, it shall be lawful for such persons and the owner or owners of 
such dam and water-power to fix and determine upon some fair, im- 
partial and reasonable mode and manner by a system of weirs, or weirs 
and floats, or other reasonable plan of measuring and delivering to 
each person entitled to use the water or Avater-power furnished by 
such dam, his just share or proportion thereof, which regulation, when 
made and acknowledged by such persons and the owner or owners of 
such dam and water-power, and recorded in the Recorder's office of the 



MILLS AND MILLERS— MINERS. 



139 



county in which such dam is situated, sliail be binding upon all per- 
sons entitled to use the water or water-power furnished by such dam ; 
and in case any such dam is owned by a corporation, such corporation 
may by by-law or resolution entered upon a book kept b}^ the corpora- 
tion and subject to the free inspection of all persons interested make 
such regulations : Provided, however, That in all cases the regulations 
made for measuring and delivering such water or water-power shall 
fairly and impartially apportion the same to each person entitled to 
the same according to his just share thereof; And provided further, 
That nothing in this act contained shall be construed to impair any 
covenant, contract or agreement heretofore executed to any person or 
corporation for water or water-power, or their legal rights thereto. 
Approved May 11, 1877. 



MINERS. 



3. Escapement shaft— Owner— Penalty. 

6. Signals— Hoist ways— Persons under 12 

and females not employed. 

7. Sober engineer- Operating hoist ways. 



g 9. Accidents— Duty of inspector— Penalty. 
^ 11. Inspectors— Their appointment and duty. 
'i 12. Repeal. 



An Act to amend sections three, six, seven, nine, and eleven 
of an a''.t entitled '■^ An act providing for the health aiid safety of per- 
sons employed in coal niines,^^ apptroved March 27, 1872. Approved May 
23, 1877. In force July 1, 1877. 

Section 1. Be it enacted by thePeopjle of the State of Illinois, represented 
in the General Assembly, That section three, six, seven, nine 
and eleven of an act entitled '•' An act providing for the safety 
of persons employed in coal mines," approved March 27, 1872, be and 
the same are hereby amended so as read as follows : 

§ 3. [Escapement Shaft — Owner — Penalty.] In all coal mines 
or collieries that are, or have been in operation prior to the first day 
of July, in the year of our Lord, 1877, and which are worked by or 
thiough a shaft, slope, or drift, and in which more than ten miners 
are employed in each twenty-four hours, if there is not already an es- 
capment shaft to each and every said coal mine or colliery, or a com- 
munication between each and every coal mine or colliery, and some 
other contiguous mine, then there shall be an escapement shaft or 
other communication, such as shall be approved by the mine inspec- 
tor, making at least two distinct means of ingress and egress for all 
persons employed or permitted to work in such coal mine or colliery. 
Such escapement shaft or other communication with a contiguous 
mine as aforesaid, shall be constructed in connection with every vein 
or stratum of coal worked in such coal mine or colliery ; and the time 
to be allowed for such construction shall be one year, when such 
mine is under 100 feet in depth, two years when such mine is over 
100 feet in depth, and under 300 feet, and three years when it is over 
300 feet, and under 400 feet, and four years, when it is over four hun- 



140 



MINERS. 



■dred feet in depth, from the time this act goes into effect: Provided, This 
section shall not be so construed as to extend the time now allowed 
by law providing escapement shafts, or other communications. And 
in all cases Avhere the working face of one mine has been driv^en wp to, 
■or into the workings of another mine the respective owners of such 
mine, while operating the same, shall keep open a roadway at least 
two and one-half feet high and four feet wide, thereby forming a com- 
munication as contemplated in this act; and for a failure to do so 
shall be subject to the penalty provided for in section ten of this act, 
for each and every day such roadway is unnecessarily closed. Each 
and every such escapement shaft shall be separated from the main 
shaft by such extent of natural strata as shall secure safety to the 
men employed in such mines or collieries; such distance to be left to 
the discretion of the mine inspector or person acting in that capacity. 
And in all coal mines or collieries that shall go into operation for the 
lirst time after the first day of July, A. D. 1877, such escapement or 
•other communication with a contiguous mine as aforesaid, shall be 
constructed within one year after such mine shall have been put into 
operation. And it shall not be lawful for the owner or agent of any 
such coal mine or colliery, as aforesaid, to employ any person U^ work 
therein or permit an^ person to go therein, for the purpose of working, 
unless said owner or agent shall have first complied with the require- 
ments of tl-iis section. And the term " owner " used in this act, shall 
mean the immediate proprietor, lessee or occupant of any coal mine or 
colliery, or any part thereof ; and the term "agent" shall mean any 
person having, on behalf of the owner, as aforesaid, the care or man- 
agement of any coal mine or colliery, or any part thereof. 

§ 6. [Signals — Hoist ways — Who maybe Ejiployed.] The owner 
or agent of every coal mine or colliery, operated by shaft, shall provide 
suitable means of signaling between the bottom and top thereof, and 
shall also provide safe means of hoisting and lowering persons in a 
cage covered with boiler iron, so as to keep safe, as far as possible, 
persons ascending out of and descending into such shaft; and such 
c-age shall be furnished with guides to conduct it on slides through 
such shaft, with a sufficient break on the drum to prevent accident in 
case of the giving out or breaking of the machinery, and whenever 
practicable such cage shall be furnished with springs or catches, in- 
tended and provided, as far as possible, to prevent the consequences 
of cable breaking, loosing or disconnecting of machinery. And no 
person under the age of twelve years, or female of any age, shall be 
permitted to enter any mine to work therein; the neglect or refusal 
of any part}^ or person to perform the duties provided for and required 
to be i:»erformed by sections four, five and six of this act, by the par- 
ties therein required to perform the same, shall be taken and deemed 
guilty of a misdemeanor, committed by them, or any or either of them, 
and shall be punished by imprisonment or fined at the discretion of 
the court trying the same, subject, however to the limitations as pro- 
vided by section ten of this act. 

§ 7. [Competent ExVgIneer.] No person shall, knowingly, be 
employed as engineer or to take charge of any machinery or appli- 
ances whereby men are lowered into or hoisted out of any mine, but 
■an experienced, competent and sober person ; and no person shall 



MINERS. 



141 



ride upon a loaded wagon or cage used for hoisting purposes in any 
shaft or slope; nor shall any coal be hoisted out of any coal mine or 
colliery while persons are ascending out of or descending into any 
such coal mine or colliery ; and the number of persons to ascend out 
of or descend into any coal mine or colliery on one cage shall be de- 
termined by the inspector. The maximum number so fixed shall not 
be less than six nor more than fifteen, nor shall they be lowered nor 
hoisted more iiapidly than 600 feet to the minute. Any person viola- 
ting the provisions of this section shall be held and deemed guilty of 
a misdemeanor, and upon conviction thereof shall be punished by 
by fine or imprisonment, at the discretion of the court trying the 
same. 

§ 9. [Accidents.] Whenever loss of life, or serious personal 
injury shall occur by reason of any explosion, or of any accident 
whatsoever, in or about any coal mine or colliery, it shall be the duty 
of the person having charge of such coal mine or colliery to report 
the facts thereof without delay to the mine inspector of the county in 
Avhich said coal mine or colliery is situated; and if any person is 
killed thereby to notify the coroner of the county also, or in his ab- 
sence or inability to act, any justice of the peace of said county; and 
the said inspector shall, if he deem it necessary from the facts report- 
ed, immediately go to the scene of said accident, and make such 
suggestions and render such assistance as he may deem necessary for 
the safety of the men. And the inspector shall investigate and ascer- 
tain the cause of such explosion or accident, and make a report 
thereof, which he shall jDreserve with the other records of his office :: 
and to enable him to make such investigations he shall have power 
to compel the attendance of witnesses, and administer oaths or affirm- 
ations to them ; and the cost of such investigation shall be paid by 
the county in which such accident has occurred, in the same manner 
as costs of coroners' inquests are now paid. And the failure of the 
person in charge of the coal mine or colliery in which any such acci- 
dent may have occurred, to give notice to the inspector or coroner, as 
provided^ for in this section, shall subject such person to a fine of not 
less than twenty-five dollars nor more than one hundred dollars, to be 
recovered in the name of the People of the State of Illinois, before 
any justice of the peace of such county, and such fine when collected 
shall be paid into the county treasury for the use of the county in 
which any such accident may have occurred. 

§ 11. [Inspectors.] The county boards in each countv of this 
State in which mining is now, or may hereafter be carried on, are 
hereby authorized, and it is made their duty, to appoint one inspector 
of mines, at its September meeting, who shall have been a resident of 
the county, for which he is appointed, for one year previous to his- 
appointment. He shall be required to enter into a bond to the county 
board of said county, for a sum to be fixed by said county board, con- 
ditioned upon the due and faithful discharge of his duties ; said bond 
to be accompanied with good and sufficient security to be approved by 
said county board. He shall also take an oath of oflftce as prescribed 
by the constitution, and he shall be required to furnish satisfactory 
evidence to said board that he has had suflficient practical experience 
in and around mines to enable him to discharge the duties of mine 



]^42 MINERS— OFFICIAL BONDS. 



inspector intelligently, and to see that the provisions of this act are 
faithfully complied with. He shall not be interested as owner or 
stockholder in any mine or mines during his term of office. His term 
of office shall be one year, but he may be reappointed as often as the 
county board thinks proper. The county board of each county shall 
fix the number of days to be emplo^^ed by the county inspector in in- 
specting the different mines of his county, and enter the same upon 
the records of said board. He shall receive such compensation for his 
time actually employed in the performance of the duties of his office, 
to be verified by his affidavit, as shall be fixed by the county board, to 
be not less than three dollars nor more than five dollars per 
day, to be paid out of the county treasury. But in all cases w^here, 
on inspection, he finds the provisions of this act, or any of them, not 
complied with in operating any mine, it is made his duty to demand, 
and if necessary, compel by law, the collection from the owners or 
operators of such mine, of all expenses of said inspection, as jjrovided 
in section two of this act. 

§ 2. [Repeal.] All acts or parts of acts inconsistent with the 
provisions of this act are hereby repealed. 

Approved Mav 23, 1877. 



OFFICIAL BONDS. 



RELEASE OF SURETIES OF GUARDIANS-CONSERVATORS AND TRUSTEES. 

g 1. Petition— Notice— Account— New Bond I § 3 To what bonds act applies. 

— Discharge. 
§ 2. Order — Removal— Appointment — Sue- | 

cessor— Suit— Discharge. | 

An Act to provide for releasing sureties on the bonds of guardians, conserva- 
tors of idiots or insane persons, or trustees of any fund or projjerti/ ap- 
2^ointed by any court. Approved May 11, 1877. In force July 1, 1877. 

Section 1. [Petition — Notice — Account — New Bond — Dis- 
charge.] Be it enacted by the People of the State of Illinois, represented in 
the General Assembly, That whenever any surety on the bond of any 
guardian, conservator of any idiot or insane person, or the trustee of 
any fund or property appointed by any court, or the heir, executor or 
administrator of such surety, desires to be released from further lia- 
bility upon any such bond, he may petition the court in which said 
bond is filed, for that purpose, and upon notice being given to such 
guardian, conservator or trustee in such manner as the court may di- 
rect, the court shall compel such guardian, conservator or trustee, 
wathin a reasonable time to be fixed by the court, to appear and settle 
his accounts and file in such court a new bond with such penalty and 
security as may be approved by the court, which being done, the surety 
may be discharged from all liability on such bond. 



OFFICIAL BOXDS— PAUPERS. ^^43 



§ 2. [Order — Removal — Appointment — Successor — Suit — Dis- 
charge.] If such guardian, conservator or trustee shall fail to compl}^ 
with such order within the time fixed by the court, the court shall 
order that such person shall be removed from his office or position 
and appoint some other fit person as guardian, conservator or trustee 
in his stead, who shall give a bond as recjuired by law ; and in case of 
the failure of the former guardian, conservator or trustee to settle his 
accounts and to pay over or deliver to the person so appointed all 
moneys, effects, property or choses in action in his hands by reason of 
his said office or position, then such successor shall proceed to collect 
the same by suit against such guardian, conservator or trustee or by 
suit upon his bond and upon collection thereof such surety shall be 
discharged. 

§ 3. [To What Bonds Act Applies.] This act shall apply to all 
such bonds now in existence as well as to those hereafter entered into, 
but nothing herein contained shall be construed to release or in any 
way impair the liability of any surety on such bond until a new bond 
is filed. 

Approved May 11, 1877. 



PAUPERS. 



overseers. 

\ 18. Overseers of the Poor. 

An Act to amend section eighteen {18) of an act entitled " An act to revise 
the law in relation to Paupers.''^ Approved May 24, 1877. In force 
July 1, 1877. 

Section 1. Be it enacted by the People of the State of Illinois, represented 
in the Genercd Assembly, That section eighteen (18) of an act entitled 
"An act to revise the law in relation to paupers," be amended to read 
as follows : 

§ 18. [Overseers of the Poor.] In counties under township 
organization the supervisors of the respective towns therein shall be 
ex-officio overseers of the poor of their towns : Provided, That for towns 
containing four thousand (4,000) inhabitants or over, upon written 
request of said supervisors, the county board may appoint an overseer 
who is a resident of said town, fix his compensation and term of office, 
which shall not exceed the term of said board. The overseer so ap- 
pointed shall execute to the county an official bond in a penal sum and 
with sureties to be fixed and approved by the county board, condi- 
tioned for the faithful discharge of his duties and the due application 
of all funds or property which shall come to his hands as such over- 
seer; Provided,further, Tha,t this section shall not appU^ to counties 
containing over two hundred thousand (200,000) inhabitants. 

Approved Mav 24, 1877. 



;[44 PAUPERS— ILLEGAL VOTING— SEPARATE SUPPORT OF. 



ILLEGAL VOTING. 

'i 1. Illegal voting by Paupers. 

An Act to prevent illegal voting by ixiupers and others in this State. 
Approved May 25, 1877. In force July 1, 1877. 

Section 1. [Paupers — Residence — Voting.] Be it enacted hy the 
People of the State of Illinois, re-presented in the General Assembly, That no 
pauper or inmate of any county poor-house, insane asylum or hospital 
in this State, shall by virtue of his abode at such county poor-house, 
insane asylum or hospital be deemed a resident or legal voter in the 
town, city, village or election district or precinct in which such poor- 
house, insane asylum or hospital may be situated; but every such 
person shall be deemed a resident of the town, cUy, village or election 
district or precinct in which he resided next prior to becoming an in- 
mate of such county poor-house, insane asylum or hospital. 

Approved Ma}' 25, 1877. 



SEPARATE support OF. 

'i 1. Separate support of paupers. ,1 ^4. When town fails to support. 

2 2. Rate per day. § '). Rate per day. 

§ 3. Each town, | 

An Act to provide for the cMablishment and maintenance of County Poor 
Houses in counties inhere the separate support of Paupiers has been adopted. 
Approved May 23, 1877. In force July 1, 1877. 

Section 1. [Separate Support of Paupers.] Be it enacted by the 
People oj the State of Illinois, represented in the General Assembly, That the 
county board of any county that has heretofore adopted, or may here- 
after adopt the separate support of paupers may, whenever it shall see 
fit so to do, establish and maintain a county poor house, and for this 
purpose shall have all the power given to county boards by section 
twentj'-eight (28) of an act entitled '-An Act to revise the laAv in re- 
lation to Paupers," of the Revised Statutes of 1874. 

§ 2. [Rate per Day.] The county board of any such count}', 
whenever any such poor house is established, may fix the rate per day 
or per week that each town shall pay for the support and maintenance 
in such poor house for each of their respective paupers, which shall 
be paid to the county agent in charge of the poor house, or otherwise, 
as provided by the county board. 

§ 3. [Each Town.] Each town of such counties may then have 
its paupers supported in such poor house, by paying such rate, or may 
provide for them otherwise, as it shall deem best. 

§ 4. [When Town Fails to Support.] The county agent in charge 
of said poor house shall not receive any paupers except upon the order 
of the overseer of the poor of the town to which paupers belong, and 
should any town fail to pay for the support of its paupers, the county 



PENITENTIARY. ^^^ 



agent may be authorized by the county board to return such paupers 
to the town to which he or she may belong, or the county may sue for 
and recover the amount due for taking care of such pauper. 

§ 5. [Reports.] The county agent shall, as often as required by 
the county board, make full and complete reports, under oath, of all 
moneys received and expended by him, as such county agent, and 
shall furnish such other information in relation to the poor house and 
farm as may be required of him. 

Approved Mav 23, 1877. 



TUITION OF PAUPER CHILDREN. 
g 1. Tuition of Pauper Children, etc. | § 2. Money for the Tuition. 

An Act requiring County Boards to pay for the tuition of Pauper Children 
kept in Poor Houses. Appjroved May 2If^ 1877. In force July i, 1877, 

Section 1. [Mo:;ey Paid for Tuition.] Be it enacted by the People 
of the the State of Plinois, represented in the General Assembly, That county 
boards shall order to be paid out of the county treasury a just and 
equitable sum of money for the tuition of paujDer children residing 
in the county poor house, and attending any district school in this 
State. 

§ 2. Said money shall be paid to the township treasurer of the 
township in which said district is situated, and said treasurer shall 
place said money to the credit of the district where said pauper chil- 
dren attend school. 

Approved May 24, 1877. 



PENITENTIARY 



t 1. Acts of commissioners legalized. i § 2. Authorized to convey. 

An Act to confirm and legalize certain acts of the Commissumers of the Plinois 
State Penitentia.ry and to authorize them to sell and convey certain real 
estate for the benefit of the State, or the Illinois State Penitentiary. Approved 
May 25, 1877. In force My 1, 1877. 

Whereas, On the day of , A. D. 1876, certain real 

estate hereinafter described, was by deed of conveyance conveyed to 
the Commissioners of the Illinois State Penitentiary for the use and 
benefit of said Penitentiary, therefore : 

Section 1. [Acts of Commissioners Legalized.] Be it enacted by 
the People of the State of Illinois, represented in the General Assembly, That 
the said conveyance of the said real estate, to-wit : The west one hun- 
—10 



146 practict:. 



drecl and sixty-five (165) feet of lot ten (10) in Richard's sub-division 
of blocks thirteen (13) and fourteen (14) of the Canal Trustee's sub- 
division of the west half of section fifteen (15) of township thirt,y- 
five (35) on range ten (10), east of the third (3) principal meridian, "it 
being intended to describe all that part of said lot ten (10), being 
west of a line running north and south, across said lot, one hundred 
and sixty-five (165) feet east of Richard St., as shown by the plat on 
file in the Recorder's office of Will county Illinois ; also a strip of land 
sixteen feet (16) wide off" from the south side of lot eleven (11) of 
Richard's sub-division as above described ; said strip of land being 
one hundred and sixty-five feet long (165) running east and west, 
adjoining and parallel with the north line of the lot first above 
described; be and the same is hereby ratified and confirmed, and the 
title to the said property so conveyed is hereb}^ declared to be in the 
Commissioners of the Illinois State Penitentiary for the use and bene- 
fit of (the People of the State of Illinois) [or] the Illinois State 
Penitentiary. 

§ 2. [Authorized to Convey.] The Commissioners of the Illinois 
State Penitentiary are hereby authorized to sell and convey the said 
above described real estate, for the use and benefit of the said Illinois 
State Penitentiar3^ 

Approved May 25, 1877. 



PRACTICE. 



SUITS WHERE BROUGHT— SERVICE. 
§ 2. Suits— Where Brought. | g 4. Service— Returr. 

An Act to amend sections two and four' of an act entitled " An act in 
regard to practice in courts of record,^'' approved February 22, 1872. Ap- 
proved May 29, 1877. In force July 1, 1877. 

Section 1. Be it enacted by the People of the State of UMnois, rep- 
resented in the General Assembly, That section two and four of 
of an act entitled "An act in regard to practice in courts of record," 
approved February 22, 1872, be and the same are hereby amended so 
as to read as follows, to-wit : 

§ 2. [Suits Where Brought.] It shall not be lawful for any 
plaintiff to sue any defendant out of the county where the latter re- 
sides or may be found, except in local actions, and except that in 
every species of personal actions in law where there is more than one 
defendant, the plaintiff' commencing his action where either of them 
resides, may have his writ or writs issued directed to any county or 
counties where the other defendant or either of them may be found : 
Provided, That if a verdict shall not be found or judgment rendered 
against the defendant or defendants resident in the county where the 
action is commenced judgment shall not be rendered against those 
defendants who do not reside in the count}^, unless they appear and 



PRACTICE. . 1^47 



defend the action. Actions against a railroad or bridge company, may 
bebrought in the county where its principal office is located, or in the 
county where the cause of action accrued or in any county into or 
through which its road or bridge may run. 

§ 4. [Service — Return.] An incorporated company may be 
served with process by leaving a copy thereof with its President if he 
can be found in the county in which the suit is brought, if he shall 
not be found in the county, then by leaving a copy of the process with 
any clerk, secretary, superintendent, general agent, cashier, principal, 
director, engineer, conductor, station agent or any agent of said com- 
pany found in the county, and in case the proper officer shall make 
return upon such process that he cannot in his county find any clerk, 
secretary, superintendent, general agent, cashier, principal, director, 
engineer, conductor, station agent or any other agent cf said company, 
then such company may be notified by publication and mail in like 
manner and with like effect, as is provided in sections twelve and 
thirteen of an act entitled "An act to regulate the practice in courts 
of chancery," approved March 15, 1872. 

Approved May 29, 1877, 



TRIAL— SEPARATE DOCKETS, 
g 16. Order of Trial— Separate Dockets. 

An Act to amend section sixteen of ^^ An act in regard to Practice in 
Courts of Record " ap'proved February 22^ 1872. Approved May 12^ 1877. 
In force July 1, 1877. 

Section 1. Be it enacted by the Peoj^le of tlie State of Illinois, 
represented in the Geyieral Assembly, That section sixteen, of an act 
entitled " An act in regard to Courts of Record," approved February 
22, 1872, be and the same is hereby amended so as to read as follows, 
to-wit : 

§ 16. [Order of Trial — Separate Dockets.] All causes shall be 
tried, or otherwise disposed of, in the order they are placed on the 
docket, unless the court for good and sufficient cause shall otherwise 
direct: Provided,, ho^vever, That in any county wherein two or more 
judges shall be holding separate branches of the same court, at the 
same time, for the trial of causes, such court may direct the clerk to 
make out two or more trial dockets, and to place all causes upon notes 
and other instruments of writing for the payment of money only, and 
upon open accounts, on one of such dockets ; all appeals from justices 
of the peace, on another of such dockets, and may cause such other 
distribution of causes upon separate dockets as in its discretion it 
may deem necessary and proper ; and the Court may try or otherwise 
dispose of the causes, in their order on any of such dockets as it may 
deem proper. 

Approved May 22, 1877. 



;[48 PRACTICE. 



SCIRE FACIAS. 
l 26. Scire Facias — Declaration. 

An Act to amend section twenty-six (26) of an act entitled '■^An act in regard 
to Practice in Courts of Record,'" approved February 22, 1872. Approved, 
May 22, 1877. InfSrce July 1, 1877. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly, That section twenty-six of an act 
entitled "An act in regard to practice in Courts of Record," approved 
February 22, 1872, be so amended as to read as follows, to-wit : 

§ 26. [Scire Facias.] It shall not be necessary to file a declara- 
tion in any scir-e facias to revive a judgment, or foreclose a mortgage, 
in any Court of Record in this State. And in any such case of scire 
facias to revive a judgment, where the plaintiff in the judgment 
sought to be revived, or his attorney shall file an affidavit in the office 
of the Clerk of the Court out of which the writ issues, showing that 
the defendant in the scire facias, resides or has gone out of the State, 
or is concealed within the State, so that process cannot be served on 
him, and stating the place of residence of such defendant, if known, 
or that on due inquiry his place of residence cannot be ascertained ; 
then in such case notice to the defendant may be given b}'' publication 
and mail in the same manner as is provided by Statute for notice 
in like cases in Chancery, 

Approved May 22, 1877. 



(! 36. Afliiiavit of plaintiff's claim. 

^ 67. Appeal — Condition of bond. 

I 68. Approval of bond by clerk. 

g 69. No dismissal for insufficiency of bond. 

i 70. Either of several parties may appeal. 

^ 71. State charitable institutions — Appeal 
without bond. 

g 72. When record to be filed. 

^ 73. Dismissal of appeal— Judgment. 

I 74. Agreed case. 

I 75. Judge may certify questions of law. 

g 76. When above not to apply. 

g 77. Writ of error not to operate as superse- 
deas. 

I 78. Assignment of cross errors. 

i 79. Joinder iu error. 



'i 80. Final judgment on appeal. 

g 81. Partial reversal — Remanding cause. 

^ 82. Dismissal of appeal, etc. ^Execution. 

g 83. Cause remanded — Transcript— Case re- 
instated. 

? 84. Transcript not filed within two years. 

'i 85. Writ of error — Limitation. 

g 86. Proceedings wlien defendant in error 
not found. 

? 87. Final order, etc. — Recital of facts. 

g 88. Appeaels in criminal cases. 

g 89. Questions of law. 

g 90. Appeal from Appellate to Supreme 
Court. 

^ 91. Supreme Court to make rules. 

^ 3. Repeal. 



An Act to amend an act entitled " J.71 act in regard to Practice in Courts of 

Becord," approved February 22, 1S72. Approved June 2,1877. Jn force 

July 1, 1877. 

Section 1. Be it enacted by the People of the State of Rlinois, represent 
ted in the General Assembly, That sections thirty-six (36) and sixty- 
seven (67) to eighty-six (86), inclusive, of an act entitled "An act in 
regard to practice in courts of record," approved February 22, 1872, 
be amended so as to read as follows : 

§ 36. [Affidavit of Plaintiff's Claim.] If the plaintiff in any 
suit upon a contract expressed or implied, for the payment of money, 
shall file with his declaration an aflidavit showing the nature of his 
demand, and the amount due him from the defendant, after allowing 
to the defendant all his just credits, deductions and set-offs, if any, he 
shall be entitled to judgment as in case of default, unless the defend- 



PRACTICE. J^49 



ant or his agent or attornej", if the defendant is a resident of the 
county in which the suit is brought, shall file with his plea an affida- 
vit stating that he verily believes he has a good defense to said suit, 
upon the merits to the whole or a portion of the plaintiffs demand, 
and if a portion, specifying the amount, (according to the best of his 
judgment and belief) upon good cause shown, the time for filing such 
affidavit may be extended for such reasonable time as the court shall 
order ; no affidavit of merits need be filed with a demurrer or motion : 
Provided, That this section shall not apply to any case w^iere an exe- 
cutor or administrator shall defend in behalf of an estate, a.nd, Provided, 
ftcrther, That if the plaintiff, his agent, or attorne}^, shall file an aftidavit 
stating that affiant is taken by surprise by such plea and affidavit of 
merit, and that he believes that plaintifi" has testimony to support his 
claim against the defendant, which he cannot produce at that term of 
court, but expects to produce by next term, the court shall continue 
such cause until the next term. 

§ 67. [Appeals — Condition op Bond.] Api^eals from and writs 
of error to all Circuit Courts, the Superior Court of Cook county, and 
city courts, and from other courts from which such appeals and writs 
■of error ma}'^ be allowed by law, may be taken to the appellate courts 
from all final judgments, orders and decrees except as hereinafter 
stated : Provided. Such appeals shall be prayed for and allowed at the 
term at which the judgment, order or decree was rendered : And 'pro- 
vided, The party praying for such appeal, shall, within such time not 
less than twenty days, as shall be limited by the court, give and file 
in the office of the clerk of the court from which the appeal is prayed 
bonds in a reasonable amount, to secure the adverse party, to be fixed 
by the court, with sufficient security, to be approved by the court. If 
the appeal is from a judgment or decree for the recover}^ of money, the 
condition of the liond shall be for the prosecution of such appeal and 
the payment of the judgment, interest, damages and costs in case the 
judgment is affirmed. In all other cases, the condition shall be di- 
rected by the court with reference to the character of the judgment, 
order or decree appealed from. The obligee in such bond may at any 
time, on a breach of the conditions thereof, have and maintain an ac- 
tion at law as on other bonds. 

§ 68. [Approval of Bond by Clerk.] The Clerk of the Court, 
may, by order of the Court, made at the time of praying the appeal 
and entered of record, approve of the security offered upon such bond, 
and such approval may be made in term time or vacation. 

§ 69. [No Dismissal for Insufficiency of Bond.] No appeal 
to the Supreme or Appellant [Appellate] Court shall be dismissed by 
reason of any informality or insufficiency of the appeal bond, if the 
party taking such appeal shall, within a reasonable time, to be fixed 
by the Court, file a good and sufficient bond in such cause, to be ap- 
proved by the said court. 

§ 70 [Either of Several Parties May Appeal.] In all cases 
where a judgment or decree shall be rendered in any Circuit Court, or 
in the Superior Court of Cook county, or in any City Court, in any case 
whatever, either in law or in chancery, against two or more persons, 
either one of said persons shall be permitted to remove such suit to the 
Appellate Court, by appeal or writ of error, and for that purpose shall 



J 50 PRACTICE. 

be permitted to use the names of all of said persons, if necessary ; but 
no cost shall be taxed against any person who shall not join in said 
appeal or writ of error. All such cases shall be determined in said 
Appellate Courts, as other suits are, and in the same manner as if all 
the parties had joined in said appeal or writ of error. 

§ 71. [State Charitable, etc.. Institutions may Appeal With- 
out Bond.] The corporations of all charitable, educational, penal or 
reformatory institutions under the patronage and control of the State, 
may in all cases of appeal or writ of error by them to the Supreme 
Court or Appellate Court, prosecute the same without giving bond; 
and the Supreme Court, or the Judges thereof in vacation, may grant 
writs of supersedeas on any writ of error or appeal when prosecuted by 
any of said corporations, without requiring any bond to be given, as is 
now required by law. 

§ 72. [When Record to be Filed.] Authenticated copies of rec- 
ords of judgments, orders and decrees appealed from shall be filed in 
the office of the Clerk of the Supreme Court or Appellant [Appellate] 
Court, as the case may be, on or before the second day of the suc- 
ceeding term of said courts ; Provided, Twenty (20) days shall have 
intervened between the date of the judgment, order or decree ap- 
pealed from and the sitting of the Court to which the appeal shall be 
taken; but if ten (10) days, and not twenty (20), shall have intervened 
as aforesaid, then the record shall be filed, as aforesaid, on or before 
the tenih (10) day of said succeeding term otherwise the said appeal 
shall be dismissed, unless further time to file the same shall have been 
granted by the Court to which said appeal shall have been taken, upon 
good cause shown. 

§ 73. [Dismissal of Appeal — Judgment.] When appeals from 
judgments orders or decrees for the recovery of money, are dismissed 
by the Supreme or Appellate Court for want of prosecution, or for fail- 
ing to file authenticated copies of records, as required by law, the 
court shall enter judgment against the appellants for not less than 
five (5) nor more than ten (10) per cent, damages on the amount re- 
covered in the inferior court, for the collection of which the appellee 
shall be entitled to execution as on other judgments. 

§ 74. [Agreed Case.] The parties in any suit or proceeding at 
law or in chancery, in any Circuit Court or the Superior Court of Cook 
county, or in any City Court, may make an agreed case containing 
the points of law at issue between them, and file the same in such 
court; and the said agreed case, with the decision thereon, may be 
certified to the Appellate Court or Supreme Court b}^ the Clerk of 
such Court, without certifying any fuller record in the case ; and upon 
such agreed case being so certified and filed in the Appellate Court or 
Supreme Court, the appellant or plaintiff in error may assign errors, 
and the case shall then be proceeded in in the same manner as it 
might have been had a full record been certified to said Appellate 
Court or Supreme Court. 

§ 75. [Judge may Certify Questions of Law.] Any judge of the 
Circuit Court, or the Superior Court of Cook county, or of any City 
Court, may, if the parties litigant assent thereto, certify anv question 
or questions of law arising in any case tried and finally determined 



PEACTICE. l^l 



before him to the Appellate or Supreme Court, together with his de- 
cision thereon; or the parties in the case may agree as to the questions 
or points of law arising in the case, and the same may be certified by 
the counsel or attorneys of the respective parties, who shall sign their 
names thereto ; and upon such certificate being made, the same shall 
be filed in the court rendering the decision, and a copy of such certifi- 
cate, certified by the Clerk of said Court, with the decision thereon 
and final decision in the case, to the Appellate Court or Supreme 
Court, and filed therein ; and upon filing the same, the like proceed- 
ings may be had in the Appellate Court or Supreme Court, as if a 
full and complete record had been transcribed and certified to said 
court. 

§ 76. [When Above not to Apply,] The two (2) preceding sec- 
tions shall not apply to cases in which the title to real estate is in 
question, nor to cases where any question of fact appertaining to 
the constitutional enactments of a law of this State is involved. 

§ 77. [Writ of Error not to Operate as Supersedeas, When.] 
No writ of error shall operate as a supersedeas unless the Supreme 
Court or Appellate Court, as the case may be, or some Judge thereof 
in vacation, after inspecting a copy of the record, shall order the same 
to be iTiade a supersedeas, nor until the party procuring such writ 
shall file a bond in the manner and with the conditions required in 
case of appeal, when the Clerk issuing such writ shall endorse thereon 
that it shall be a supersedeas, and operate accordingly ; and the par- 
ties in writs of error shall be subject to the same judgment and mode 
of execution as is provided in case of appeal. 

§ 78. [Assignment op Cross-Errors.] In all cases of appeal to 
the Supreme Court or Appellate Court, or writ of error, the appellee or 
defendant in error may assign cross-errors ; and the court shall dispose 
of the same as in other cases of assignment of error. 

§ 79. [.Joinder in Error.] No judgment, order or decree shall be 
reversed by the Supreme Court or Appellate Court upon appeal or 
writ of error for want of a joinder in error ; but upon error being as- 
signed, if the opposite party does not plead in proper time, the case 
shall be treated as if error had been joined. 

§ 80. [Final Judgment on Appeal — Execution.] In all cases of 
appeal and writ of error, the Supreme Court or Appellate Court may 
give final judgment and issue execution, or remand the cause to the 
inferior court, in order that an execution may be there issued, or that 
other proceedings may be had thereon any judgment rendered in the 
Supreme Court or Appellate Court shall become a lien on real estate 
after execution shall be issued and levied, and a certificate thereof 
filed in the office of the Circuit Clerk of the county where the real 
estate levied on is situated. 

§ 81. [Partial Reversal — Remanding Cause.] The Supreme 
Court or Appellate Court, in case of a partial reversal, shall give such 
judgment or decree as the inferior court ought to have given, and for 
this purj)ose may allow the entering of a remittitur, either in term 
time or vacation, or remand the cause to the inferior court for further 
proceedings as the case may require. 

§ 82. [Dismissal of Appeal, etc.— Execution.] When an appeal 



152 PKACTICE. 



or writ of error shall be prosecuted from a judgment, order or decree 
to the Supreme Court or Appellate Court, and such appeal or writ of 
error is dismissed, or the judgment, order or decree is affirmed, upon 
a cop3^ of the order of the Supreme Court or Appellate Court, as the 
case may he, being filed in the office of the Clerk of the Court from 
which the case was originally removed, execution may issue, and other 
proceedings may be had thereon in all respects as if no appeal or writ 
of error had been prosecuted. 

§ 83. [Cause Remanded — Transcript — Case Eeinstated.] When 
a cause or proceeding is remanded by the Supreme Court or Appellate 
Court, upon a transcript of the order of the Court remanding the same 
being filed in the Court from which the cause of proceeding was re- 
moved, or in which the cause originated, as the case may require, and 
not less than ten (10) days' notice thereof being given to the adverse 
party, or his attorney, the cause or proceeding shall be reinstated 
therein. In case of non-resident parties, or parties who cannot be 
found, so that personal notice cannot be served upon them, the notice 
may be given as in cases in chancery, or as may be directed b}'' the 
Court. 

§ 84. [Transcript Not Filed Within Two Years.] If neither 
part}^ shall file such transcript within two years from the time of 
making the final order of the Supreme Court or Appellant [Appellate] 
Court, as the case may be, reversing any judgment or proceeding, the 
cause shall be considered as abandoned, and no further action shall be 
had therein. • 

§ 85. [Writ of Error — Limitation.] A writ of error shall not 
be brought after the expiration of five years from the I'cndition of the 
decree or judgment complained of; but when a person, thinking him- 
self aggrieved by any decree or judgment that may be reversed in the 
Supreme Court or the Appellate Court, shall be an infant, non compos 
vienfis, or under duress, when the same was entered, the time of such 
disability shall be excluded from the computation of the said five 
5^ears. 

§ 86. [Proceedings aviien Defendant in Error not Found.] 
When any plaintiff in error shall file in the office of the Clerk of the 
Supreme Court or Appellate Court, as the case may be, an affidavit 
showing that any defendant resides, or has gone out of this State, or, 
on due inquiry, cannot be found, or is concealed within this State, so 
that process cannot be served upon him, and stating the place of resi- 
dence of such defendant, if known, and also the place of residence of 
the attorney who appeared in the\case in the court to which the writ 
of error is directed ; or that, upon diligent inquiry, their places of 
residence cannot be ascertained, the Clerk of the Supreme Court or 
Appellate Court, as the case may be, wherein the cause shall be pend- 
ing, shall cause publication to be made in some newspaper published 
in the county in which the cause was originally instituted; but if no 
newspaper shall be published in such county, then such notice shall 
be published in a newspaper published nearest to said county, con- 
taining notice of the pendency of such suit, the names of the parties 
thereto, the title of the court, and the time and place of the re- 
turn of summons in the case ; and he shall also, within ten (10) 
days of the first publication of such notice, send a copy thereof by 



PRACTICE. J53 



mail, addressed to such defendant and attorney whose place of residence 
are stated in such affidavit. The certificate of the Clerk, that he has 
sent such notice in pursuance to this section, shall he evidence. Such 
notice shall be published for four consecutive weeks, the first insertion 
of which said notice shall be at least forty days before the first day of 
the term of cojrt to which said writ is made returnable ; and unless 
said time has intervened, no proceedings therein shall be had at said 
term, but the said cause shall stand continued to the next term of the 
court : Provided, that in case both parties appear and consent to the 
hearing, the said cause shall then be heard. 

§ 2. Additional sections shall be added to said entitled act, to read 
as follows : 

§ 87. [Final Order, etc. — Recital of Facts.] If any final de- 
termination of any cause, as specified in the preceding sections, shall 
be made by the Appellate Court, as the result wholly or in part of the 
finding of the facts concerning the matter in controversy^ different 
from the finding of the court from which such cause was brought by 
appealer writ of error, it shall be the duty of such Appellate Court 
to recite in its final order, judgment or decree the facts as found, and 
the judgment of the Appellate Court shall be final and conclusive as 
to all matters of fact in controversy in such cause. 

§ 88. [Appeals in Criminal Cases.] Appeals from and writs of 
error to circuit courts, and the superior courts of Cook county, and city 
courts, in all criminal cases and cases in which a franchise or freehold, 
or the validitj^ of statute is involved, shall be taken directly to the 
supreme court in case the party appealing or prosecuting such writ of 
error shall so elect, excepting in cases of chancery; and in all cases of 
chancery heard and determined in the Appellate Court, wherein an 
appeal is perfected or a writ of error is prosecuted, it shall be the duty 
of the appellant or plaintiff in error to file in the clerk's office of the 
Supreme Court of this State, as now provided for by law, a transcript 
of the records, including the orders or decrees of the Appellate Court 
entered in the cases. 

§ 89. [Q.UESTioNS OF Law.] The Supreme Court shall re-examine 
cases brought to it by appeal or writ of error as to questions of law 
only, and no assignment of error shall be allowed which shall call in 
question the determination of the inferior or Appellate Courts upon 
controverted questions of fact in any case, excepting those enumera- 
ted in the preceding section. 

§ 90. [Appeal from Appellate to Supreme Court.] In all 
criminal cases and in all cases where a franchise or freehold, or the 
validit}^ of a statute is involved, and in all other cases where the sum 
or value in the controversy shall exceed one thousand dollars ($1,000) 
exclusive of costs, which shall be heard in any of the appellate courts, 
upon errors assigned, if the judgment of the appellate court be that 
the order, judgment or decree of the court below be affirmed, or if final 
judgment or decree be rendered therein in the appellate court, or if the 
judgment, order or decree of the appellate court be such that no 
further proceedings can be had in the court below, except to carry in- 
to effect the mandate of the appellate court, an}^ party to such cause 
shall be permitted to remove the same to the supreme court by appeal 



154 



PRACTICE OF MEDICINE. 



or writ of error, in the same manner as provided in sections sixty- 
seven (67) and seventy (70) of this act, for appeals to said appellate 
court: Provided^ That such appeal maybe prayed for at any time 
within twenty (20) days after the rendition of such judgment, order 
or decree, whether such appellate court be in session or not ; and if 
such appeal be prayed for in vacation, any one or more of the judges 
of such appellate court may make and sign all orders necessary for 
the perfecting of such appeal, and the clerk shall enter up such orders 
as part of the record in the cause: And provided, farther, T]x?ii irx oW 
cases where the judgment, order or decree is for the recovery of money 
only, if the judgment, order or decree of the inferior or appellate 
court be affirmed by the Supreme Court, or the appeal or writ of error 
be dismissed, the Supreme Court may enter judgment against the 
appellant or plaintiff in error for damages, not exceeding ten (10) 
per centum on the amount of the judgment recovered, and shall 
award execution therefor as on other judgments. 

§ 91. [Supreme Court to Make Rules.] It shall be the duty of 
the Supreme Court to direct by general rule what portions of and the 
manner in which the records of the Appellate Court shall be made 
up and certified in cases removed from such Appellate Courts to the 
Supreme Court by appeal or writ of error, excej^t as otherwise provi- 
ded in section eighty-eight (88) aforesaid. 

§ 3. [Repeal.] All laws and parts of laws in conflict with this 
act are hereby repealed. 

Approved June 2, 1877. 



PRACTICE OF MEDICINE. 



I 1. Persons practicing mediciue — Board — 

QuMlification, etc. 

'{ 2. Appointment of board of examiners. 

i 3. Organization — Duties— Powers. 

'i 4. Examination — Costs. 

\ 5. Examination by boards. 

§6. Certificates to be recorded. 



i 7. Books to be kept. 

'i 8. Fee for examination. 

I 9. Character of examination. 

§ 10. Certificatos may be revoked. 

I 11. Who a practicing physician. 

i 12. License— Venders of Drugs. 

13. Penalty for not complying 



An Act 



to regulate the practice of medicine in the State of Illinoij^. 
May 29, 1877. Injorce July 1, 1877. 



Ap2)roved 



Section 1. [Persons Practicing Medicine — Board — Qualifica- 
TioNS — Examinations.] Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That every person practicing medi- 
cine, in any of its departments, shall possess the qualifications re- 
quired by this act. If a graduate in medicine, he shall present his 
diploma to the State Board of Health if such Board of Health shall be 
established by law or Board of Examiners herein named, for verifica- 
tion as to its genuineness. If the diploma is found genuine and if the 
person named therein be the person claiming and presenting the same, 
the State Board of Health, if such Board of Health be established by 
law or the Board of Examiners shall issue its certificate to that effect 



PRACTICE OF MEDICINE. I55. 



signed by all of the members thereof, and such diploma andcertificatt^ 
shall be conclusive as to the right of the lawful holder of the same to 
practice medicine in this State. If not a graduate the person practic- 
ing medicine in this State shall present himself before said Board and 
submit himself to such examinations as the said Board shall require ; 
and, if the examination be satisfactor}^ to the examiners, the said 
Board shall issue its certificate in accordance with the facts, and the 
lawful holder of such certificate shall be entitled to all the rights and 
privileges herein mentioned. 

§ 2. [Appointment of Boakd of Examiners.] In case a State 
Board of Health shall not be established by law then each State Medi- 
cal Society incorporated and in active existence on the first day of 
July 1877, whose members are required to possess diplomas 
or license from some legally chartered medical institution in 
good standing, shall appoint, annually a Board of Examin- 
ers consisting of seven members, who shall hold their offices 
for one year, and until their successors shall be chosen. The examin- 
ers so appointed shall go before a county judge and make oath that 
they are regular graduates, or licentiates, and that they will faithful! j 
perform the duties of their office. Vacancies occurring in a Board of 
Examiners shall be filled by the society appointing it by the selection 
of alternates, or otherwise. 

§ 3. [Organization — Duties — Powers.] The State Board of Heaitb. 
if such Board of Health shall be established by law, or Board of Exam- 
ners shall organize within three months after the passage of this act, 
they shall procure a seal, and shall receive through their Secretary ap- 
plications for certificates and examinations, the President of each 
Board shall have authority to administer oaths and the Board take 
testimony in all matters relating to their duties, they shall issue certifi- 
cates to all who furnish satisfactory proof of having received diplomas 
or licenses from legally chartered medical institutions in good stand- 
ing, they shall prepare two forms of certificates, one for persons in 
possession of diplomas or licenses, the other for candidates examined 
by the Board, they shall furnish to the County Clerks of the several 
counties a list of all persons receiving certificates. In selecting placet? 
to hold their meetings they shall, as far as is reasonable, accommodate 
applicants residing in diflerent sections of the State, and due notice 
shall be published of all their meetings. Certificates shall be signed 
by all the members of the Board granting them, and shall indicate 
the medical society to which the Examining Board is attached. 

§ 4. [Examination — Costs.] Said vState Board of Health, if such 
Board of Health shall be established by law, or Board of Examiners 
shall examine diplomas as to their genuineness, and if the diploma 
shall be found genuine as represented, the Secretary of the Statn 
Board of Health, if such Board of Health shall be established by law, 
or Board of Examiners shall receive a fee of one dollar from each 
graduate or licentiate, and no further charge shall be made to the 
applicants; but if it be found to be fraudulent, or not, lawfully owned 
by the possessor, the Board shall be entitled to charge and collect 
twenty dollars ($20) of the applicant presenting such diploma. The 
verification of the diploma shall consist in the affidavit of the 
holder and applicant that he is the lawful possessor of the same, and 



256- PRACTICE OF MEDICINE. 



that he is the person therein named. Such affidavit may be taken 
before any person authorized to administer oaths and the same shall 
be attested under the hand and official seal of such officer, if he have 
■a seal. Graduates may present their diplomas and affidavits as provi- 
<led in this act, by letter or by proxy, and the State Board of Health, 
if such Board of Health shall be established by law, or Board of Ex- 
aminers shall issue its certificate the same as though the owner of 
the diploma was present. 

§ 5. [Examinations by Boakd.] All examinations of persons not 
graduates or licentiates, shall be made directly by the Board, and the 
•certificates given by the Boards shall authorize the possessor to prac- 
tice medicine and surgery in the State of Illinois. 

§ 6. [Certificate to be Recorded.] Every person holding a cer- 
tificate from a State Board of Health if such Board of Health shall be 
established by law, or Board of Examiners shall have it recorded in 
the office of the clerk of the county in which he resides, and the 
record shall be endorsed thereon. Any person removing to another 
■county to practice shall procure an endorsement to that effect on the 
•certificate from the County Clerk, and shall record the certificate, in 
like manner, in the county to which he removes, and the holder of 
the certificate shall pay to the County Clerk the usual fees for mak- 
ing the record. 

§ 7. [Book to be Kept.] The County Clerk shall keep, in a book 
provided for the purpose, a complete list of the certificates recorded 
by him, with the date of the issue and the name of the medical soci- 
■ety represented by the State Board of Health, if such Board of Health 
shall be established by law, or Board of Examiners issuing them. If 
the certificate be based on a diploma or license, he shall record the 
name of the medical institution conferring it, and the date when con- 
ferred. The register of the County Clerk shall be open to public 
inspection during business hours. 

§ 8. [Fee for Examination.] Candidates for examination shall 
pay a fee of five dollars ($5.00) in advance, which shall be returned 
to them if a certificate be refused. The fees received by the Board 
shall be paid into the treasury of the medical society by which the 
Board shall have been appointed, and the expenses and compensation 
of the Board shall be subject to arrangement with the society. 

§ 9. [Character of Examination.] Examinations may be in 
whole or in part in writing, and shall be of an elementary and practi- 
<3al character, but sufficiently strict to test the qualifications of the 
■candidate as a practitioner. 

§ 10. [Certicates may be revoked.] The State Board of Health, 
if such Board of Health shall be established by law, or Board of Ex- 
aminers may refuse certificates to individuals guilty of unprofessional 
or dishonorable conduct, and they may revoke certificates for like 
■causes. In all cases of refusal or revocation the applicant may appeal 
to the body appointing the Board. 

§ 11. [Who a Practicing Physician.] Any person shall be re- 
garded as practicing medicine, within the meaning of this act, who 
shall profess publicly to be a physician and to prescribe for the sick, 
or who shall append to his name the letters of "M. D." But nothing 



RAILROAD AND IMPROVEMENT AID BONDS. 15T 



in this act shall be construed to prohibit students from prescribing- 
under the supervision of preceptors, or to prohibit gratuitous services 
in cases of emergency. And this act shall not apply to commissioned 
surgeons of the United States Army and Navy. 

§ 12. [License — Venders of Drugs.] An}' itinerant vender ot" 
any drug, nostrum ointment, or appliance of any kind, intended for 
the treatment of disease or injury, or who shall, by writing or print- 
ing, or any other method, publicly profess to cure or treat diseases^ 
injury, or deformity by any drug, nostrum manipulation or other ex- 
pedient, shall pay a license of one hundred dollars (6100) a month, to 
be collected in the usual way. 

§ 13. [Penalty for not CoxMPLying with It.] Any person prac- 
ticing medicine or surgery in this State without complying with the- 
provisions of this act, shall be punished by a fine of not less than 
fifty dollars ($50) nor more than five hundred dollars (S500), or bj 
imprisonment in the county jail for a period of not less than thirty 
days nor more than three hundred and sixty-five days, or by Ijoth such 
fine and imprisonment for each and every offense ; and any person 
filing or attempting to file, as his own, the diploma or certificate of 
another, or a forged affidavit of identification, shall be guilty of a fel- 
ony, and, upon conviction shall be subject to such fine and imprison- 
ment as are made and provided by the statutes of this State for the 
crime of forgery, but the penalties shall not be enforced till on and 
after the thirty-first day of December eighteen hundred and seventy- 
seven ; Provided, That the provisions of this act shall not apply to 
those that have been practicing medicine ten years within this State. 

Approved May 29, 1877. 



RAILROAD AND IMPROVEMENT AID BONDS. 



g 1. Limits time for L'^suing bonds — Exceptions. 

An Act to amend an act entitled " An act to limit and determine the tim.fr 
for which counties, cities, townships, towns and precincts in this State, shall 
he liable and holden to issue aid for the building of any railroad in pursu- 
ance of any vote taken in conformity to the laws of this State,^^ approved.' 
March 17, 1874. Approved May 29, 1877. In force July 1, 1877. 
Section 1. [Limits Time for Issuing Bonds — Exceptions.] Be it 
enacted by the People of the State of Illinois, represented in the General As- 
sembly, That an act entitled " An act to limit and determine the time 
for which counties, cities, townships, towns and precincts in this State^, 
shall be liable and holden to issue aid for the building of any railroad 
in pursuance of any vote taken in conformity to the laws of this 
State," approved March 17, 1874, be amended so as to read as follows : 
That the liability of all counties, cities, townships, towns or pre- 
cincts, which have voted aid or donations to or subscriptions to the 



158 



RAILROAD AND IMPROVEMENT AID BONDS. 



capital stock of any railroad company in conformity to the laws of 
this State for the building, or in aid of the building, of any railroad 
to, into, through or near such county, city, township, town or precinct, 
to issue such voted aid, shall cease and determine upon and after the 
first day of July, A. D. 1880 : and no bonds shall be issued, or stock 
subscribed, to any such railroad company after that date upon account 
of or upon the authority of such vote : Provided^ This act shall not 
apply in any case "where the express conditions of the vote for such 
aid shall extend the time for the building of such railroad beyond the 
said date ; and it is fwther provided^ That this act shall not apply in 
any case where any railroad shall have been built or shall before said 
date be built, in accordance with the conditions of the vote for aid to 
such railcoad ; and it is further provided, That this act shall not apply 
to any case where such aid shall have been deposited, or shall before 
said date be deposited with any trustee or trustees, upon written or 
printed conditions to be delivered to said railroad company at some 
future time : Provided further, That this act shall not be construed eo 
as to require any count}^, city, township, town or precinct to issue, 
pay or deliver any such aid or bonds where the same may have been 
voted and subscribed upon any condition or conditions which shall 
not be complied with within the time expressed in the notice of elec- 
tion, proceedings or vote authorizing such aid to be paid or given. 
Approved May 29, 1877. 



BONDS OF COUNTIES, CITIES, AND OTHER MUNICIPAL CORPORATIONS. 



i 1- 
i! 4. 

t. 5. 



New bonds may be issued for indebted- 
ness or in place of old ones. 

Old bonds canceled— New ones to be reg- 
istered. 

Value of taxable property to be certified 
to Auditor. 

Auditor to certify rate required. 

State custodian — Collection — Payment. 



How money disbursed. 

When registered bonds mature and are 

not paid. 
Entry of payment. 
How and for what purpose new bonds 

may be issued— Chicago bonds. 
Fees— Collector's bond. 
Emergency clause. 



An Act to amend an act entitled ^' An act relating to county and city debts, 
and to provide for the payment thereof by taxation in such counties and 
cities,^^ approved February 13, 1865; and to amend the title thereof. 
Approved and in force April 27, 1877. 

Section 1. Be it enacted by the People of the State of Illinois, represented 
in the General Assembly, That an act entitled "An act relating to county 
and city debts, and to provide for the pa3anent thereof by taxation in 
such counties and cities," approved February 13, 1865, and the title of 
the said act be, and the same are hereby, so amended as to be and lead as 
follows : The title of the said act sliall be ; An act to enable counties, 
cities, towns, townships, school districts and other municipal corpor- 
ations to fund, retire and purchase their outstanding bonds and other 
evidences of indebtedness, and to provide for the registration of 
new bonds or other evidences of indebtedness in the office of the Au- 
ditor of Public Accounts. 

§ 2. The first and subsequent sections of the said act shall be as 
follows : 



RAILROAD AND IMPROVEMENT AID BONDS. 



159 



§ 1. [New Bonds may be Issued for Indebtedness, or in Place 
OF Old Ones.] That in all cases where any count}^, cit}', town, town- 
ship, school district or other municipal corporation has issued 
bonds or other evidences of indebtedness for money, or has contracted 
debts, which are the binding, subsisting, legal obligations of such 
county, city, town, township, school district or other municipal 
corporation, and the same, or any portion thereof, remain outstanding 
and unpaid, it shall be lawful for the proper corporate authorities of 
any such county, city, town, township, school district, or other 
municipal corporation, upon the surrender of any such bonds or other 
evidences of indebtedness, or any number or portion thereof, to issue 
in lieu or place thereof, to the owners or holders of the same, new 
bonds or other evidences of indebtedness, in such form, for such 
amount, upon such time, not exceeding twenty years, paj-able at such 
place, and bearing such rate of interest, not exceeding the rate of 
interest specified in the bonds or evidences of indebtedness, in lieu of 
which they are issued, as may be agreed upon with the owners or 
holders of such outstanding bonds or other evidences of indebtedness. 
And it shall also be lawful for the proper corporate authorities of any 
such county, city, town, township, school district or other municipal 
corporation" to issue the bonds or other evidences of indebtedness of 
such county, city, town, township, school district or other municipal 
corporation, and sell the same to raise money to purchase or retire 
any or all of such outstanding bonds or other evidences of indebted- 
ness ; such bonds or evidences of indebtedness to be in such sums, 
bear such rate of interest, not exceeding eight per centum per annum, 
and be payable at such time and place, as may be specified in the vote 
of the people authorizing their issue ; the proceeds of the sales of 
such bonds to be expended under the direction of the corporate author- 
ities aforesaid in the purchase or retiring of the outstanding bonds or 
other evidences of indebtedness of such county, city, town, township, 
school district or other municipal corporation, and for no other pur- 
pose whatever. All bonds or other evidences of indebtedness issued 
under the provisions of this act, shall show upon their face that they 
are issued under this act, and the purpose for which they are issued, 
and may provide for the payment of a portion of the principal, annu- 
ally, until fully paid. The new bonds or other evidences of indebt- 
edness authorized to be issued by this act, shall not be for a greater 
sum in the aggregate than the principal and accrued or earned inter- 
est unpaid, of such outstanding bonds or other evidences of indebted- 
ness : Provided, That no new^ bonds or other evidences of indebtedness 
shall be issued under this act, unless the sume shall be first authorized 
by a vote of a majority of the legal voters of such county, city, town, 
township, school district or other municipal corporation voting at 
some general election or special election held for that purpose. 

§ 2. Old Bonds Canceled — New ones to be Registered.] Upon 
the surrender of any such bond or other evidence of indebtedness un- 
der this act, the same shall be endorsed canceled, and shall from time 
to time be destroyed under the direction of the authririty issuing the 
same. Upon the issuing of any new bond or evidence of indebted- 
ness, the clerk or other officer having custody of the records of the 
fiscal matters of such county, city, town, township, school district or 



;[gQ RAILROAD AND IMPROVEMENT AID BONDS. 



other municipal corporation, as the case may be, shall make registra- 
tion thereof in a book to be kept in his office for that purpose, show- 
ing the date, amount, number, date of maturity, rate of interest and 
place of payment of such new bond or other evidence of indebtedness, 
and the description of the bond or evidence of indebtedness for which, 
or for the purchasing or retiring of which the same was given, as 
nearly as practicable. On presentation of any such new bond or 
other evidence of indebtedness issued under this act at the office of 
the Auditor of Public Accounts for registration, the said Auditor 
shall cause the same to be registered in his office in a book to be kept 
for that purpose, such registration shall show the date, amount, num- 
ber, date of maturity, rate of interest, time when such interest is 
payable, and place of payment of the principal and interest of such 
bond or other evidence of indebtedness, under what act, by what 
authority, for what purpose, and by what county, city, town, town- 
ship, school district or other municipal corporation issued, and the 
name of the person or persons presenting the same for registration ; 
and for such registration the Auditor shall be entitled to a fee of 
twenty-five cents, and the Auditor shall under his seal of office certify 
upon such bond the fact of such registration, for which the Auditor 
shall be entitled to a fee of twenty-five cents, such fees to be paid by 
the person or persons desiring such registration and certificate. 

§ 3. [Value of Taxable Property to be Certified to Auditor.] 
In all cases where any county, city, town, township, school district or 
other municipal corporation shall issue any bonds or evidences of in- 
debtedness under this act, it shall be the duty of the county clerk of 
such county, or other officer to whom or whose office the assessment 
rolls for State taxation of the property within such county, city, town, 
township, school district or other municipal corporation are or shall 
be returnable within five days after the total value of the property 
subject to taxation therein shall be returned to him, to make out and 
transmit to the Auditor of Public Accounts, to be filed in his office, a 
certificate setting forth the total value of all taxable property of every 
nature and description within such county, city, town, township, 
school district or other municipal corporation as exhibited by such 
assessment. 

§ 4. [Auditor to Certify Rate Required.] When the bond 
or other evidences of indebtedness of any county, city, town, township^ 
school district or other municipal corporation to the amount of five 
thousand dollars, shall be so registered, the Auditor of Public Ac- 
counts, shall annually ascertain the amount of interest for the current 
year due and accrued, and to accrue, on all such bonds and evidences of 
indebtedness, so registered in his office on the first day of January, then 
next preceding, to which amount, where such bonds or evidences of 
indebtedness provide for the payment of a portion of the principal 
thereof, annually, he shall add such an amount as shall be equal to 
the portion of the principal specified in such bonds or evidences of 
indebtedness to be so paid, and shall upon the basis of the certificate 
of the valuation of property so to be transmitted to him as aforesaid, 
or in case no such certificate shall be transmitted to him, or filed in 
his office, then upon the basis of the total valuation of the property 
in such county, city, town, township, school district or other munici- 



RAILROAD AND IMPROVEMENT AID BONDS. ^g^ 



pal corporation for the year next preceding, estimate and determine 
the rate per centum upon the valuation of such property requisite to 
meet and satisfy the said interest or interest and principal, as the 
case may be, together with the ordinary cost to the State of the collec- 
tion and disbursement of the same, to be estimated by the Auditor 
and State Treasurer, and shall make and transmit to the count}^ clerk 
of such county, or of the county in which such city, town, township, 
school district or other municipal corporation is situated, or to the 
officer or authority whose duty it is, or may be, to prepare the esti- 
mates and books for the collection of State taxes in such county, city, 
town, township, school district or other municipal corporation, a certi- 
ficate setting forth such estimated requisite per centum for such pur- 
poses to be filed in his office ; and the said per centum shall thereupon 
be deemed added to and a part of the per centum which is, or may be, 
levied or provided by law for the purposes of State revenue, and shall 
be so treated by sucli clerk, officer or authority, in making such esti- 
mates and books for the collection of State taxes ; and the said taxes 
shall be collected with the State taxes, and all laws relating to the 
State revenue shall apply thereto, except as herein otherwise pro- 
vided ; and such per centum shall be deducted from the levy of such 
county, city, town, township, school district or other municipal cor- 
poration for the current or ensuing year, to be applied by the State 
Treasurer on their respective bonds issued under the provisions oi this 
act. 

§ 5. [State Custodian — Collection — Payment.] The Stateshall 
•be deemed the custodian only of the tax so collected, and shall not be 
deemed in any manner liable on account of such bonds or other evi- 
dences of indebtedness; but the tax and funds so collected shall be 
deemed pledged and appropriated to tlie paj'ment of the principal and 
interest of the registered bonds and evidences of indebtedness, to sat- 
isfy which, the same is hereinbefore provided to be collected as afore- 
said, and such new bonds and evidences of indebtedness issued under 
the authority hereof shall be deemed secured and provided for in vir- 
tue and faith hereof until fully satisfied. The State shall annually 
collect and apply the said fund to the satisfaction of the interest, or 
interest and portion of the principal, as the case may be, of such reg- 
istered bonds or evidences of indebtedness of any such county, city, 
town, township, school district or other municipal corporation to the ex- 
tent the same is herein contemplated to be derived from such tax in 
the same manner as the interest on the bonds of the State is, or may 
be, collected or paid, and in like moneys as shall be receivable in 
payment of State taxes, and moneys so paid upon the principal of any 
such bonds or evidences of indebtedness, shall be endorsed thereon, 
and due receipts therefor shall be taken and filed in the office of the 
Auditor of Public Accounts or State Treasurer, and interest coupons 
or bonds or other evidences of indebtedness so paid shall be re- 
turned to one of said officers and shall be cancelled and returned to^ 
the corporate authorities of the municipality which issued the same, 
and destroyed in the same manner as those pertaining to the State 
debt. 
§ 6. [How Money Disbursed.] The State may, out of such fund, 
—11 



1(32 RAILROAD AND IMPROVEMENT AID BONDS. 



first retain or satisfy the ordinary cost to the State of the collection 
and disbursement thereof, and in case of the non-presentment of any 
such bond or evidence of indebtedness or interest coupon of aii}^ 
such county, city, town, township, school district or other municipal 
corporation for payment at the times and when and where the interest 
on the State debt is or may be paid, then, on the beginning of the 
next year, the moneys by reason thereof undisbursed together with 
any surplus for any cause remaining, shall be carried to the fund of 
such county, city, town, township, school district or other municipal 
corporation, of the current or ensuing year, and be considered by the 
Auditor in making his next estimate for taxation therein for such 
year under this act, and shall be apj^lied accordingly. All laws re- 
lating to the payment of interest on the State debt, or the cancelation 
of the evidences thereof, not inconsistent with this act, shall apply 
to the receipt, custody, and disbursement of the taxes and funds pro- 
vided by this act. 

§ 7. [When Eegistered Bonds Mature and are Not Paid.] 
Upon the maturit}^ of such registered bond or other evidence of in- 
debtedness, and the non-payment thereof by the county, cit}"", town, 
township, school district or other municipal corporation issuing the 
same, the holder thereof, may cause the same to be registered in the 
office of the Auditor as a matured or unsatisfied bond or evidence of 
indebtedness, and thereupon, for the purpose of providing for the pay- 
ment of the principal thereof at the rate of five per centum of such 
principal, annually, and of the interest thereon in arrear, and for the 
current year to accrue, together with the cost to the State of the col-- 
lection and disbursement thereof, as aforesaid ; the same proceedings, 
in all respects, shall be had, as is hereinbefore provided for the pay- 
ment of the interest on such bonds and evidences of indebtedness, by 
the collection of an annual tax sufficient for the purposes in this sec- 
tion contemplated ; and the same shall be collected and applied as 
aforesaid to such purpose from year to year until the full satisfaction 
thereof, when such bonds or evidences of indebtedness shall be can- 
celed and returned as hereinbefore provided. 

§ 8. [Entry of Payment.] Upon the payment of any such reg- 
istered bond or evidence of indebtedness, and presentation thereof to 
the Auditor, he shall cause due entr}^ thereof to be made in his office. 

§ 9. [How AND FOR WHAT PuRPOSE NeW BoNDS MAY BE IsSUED — 

Chicago Bonds.] It shall be lawful for the corporate authorities of 
any such municipal corporation, or officers authorized by law to call 
elections therein, on the petition of ten legal voters resident therein, 
to submit to the voters thereof at any election held therein, the ques- 
tion of issuing bonds under this act, by posting a notice in ten of the 
most public places therein, and by pulalishing the same in the nearest 
newspaper, twenty da3'S before said election, which notice shall state 
the number of bonds proposed to be issued; the amount of each ; the 
rate of interest; when and where payable; for what purpose issued, 
and the time and place, when and where said election will be held. 
And upon like petition and notice, it shall be lawful for for such cor- 
porate authorities, or officers, to submit the question of issuing bonds 
under this act, at a special election, which shall be held and conducted 
in like manner as other elections therein. The ballots shall read ; 



KAILROADS AND WAREHOUSES. JQ^ 



'' For issuing the bonds," or, "Against issuing the bonds." If a ma- 
joritj'-of the votes cast be " For issuing the bonds," the same shall be 
issued in conformity to the specifications of said notice. Nothing 
contained in this act, or in the act to Avhich this is an amendment 
shall be held to repeal, or in an3"wise affect the power of the city of 
Chicago to issue new bonds of said city, conferred by an act of the 
General Assembly, approved February 13, 1863, amending the charter 
of said city, nor to in anywise affect any other law which authorizes 
municipal corporations to issue bonds or other evidences of indebted- 
ness, and which does not provide for the registration thereof. 

§ 10. [Fees — Collector's Bond.] There shall be allowed to the 
officers collecting and paying over the taxes authorized to be collected 
under the provisions of this act, the same fees or compensation as is 
or may be allowed by law for collecting and paying over State taxes ; 
and where such tax is levied, the bonds of the collectors thereof shall 
be increased in proportion to the estimated amount of such tax to be 
collected. 

§ 3. [Emergency.] Whereas, certain counties, cities, towns, town- 
ships, school districts and other municij)al corporations in this State 
have outstanding bonds and other evidences of indebtedness which 
are about to mature, and no law exists whereby the same may be 
funded and registered ; therefore, an emergency exists ; therefore this 
act shall be in force from and after its passage. 

Approved April 27, 1877. 



RAILROADS AND WAREHOUSES. 



INCORPORATION OF RAILROAD COMPANIES. 
? 1. Corporators. Who may own and operate roads. 

An Act to amend an act entitled ^' An act to provide for the Incorporation 
of Associations that may be organized for the jncrpose of Constructing Rail- 
ways, maintaining and operating the same, for jirescrihing and defining the 
duties and limiting the powers of such corporations ivhen so organized,'''' 
approved March 1, 1872. Approved May 11, 1877. In force July 1, 1877. 

Section 1. Be it enacted by the People of the State of Illinois, representei 
in the General Assembly, That section one (1) of an act entitled "An 
act to provide for the incorporation of associations that may be organ- 
ized for the purpose of constructing railways, maintaining and operat- 
ing the same, for prescribing and defining the duties and limiting 
the powers of such corporations when so organized," be amended so as 
read as follows : 

§ 1. [Corporators — Who may Own and Operate Road.] That 
any number of persons not less than five may become an incor 



164 RAILROADS AND WAREHOUSE!. 



porated company for the purpose of constructing and operating any 
railroad in this State, and that any and all railroads or transportation 
companies authorized to be incorporated and transact business in this 
State by virtue of this act, shall be and they are hereby authorized 
and empowered to purchase, own, operate and maintain any railroad 
sold or transferred under order or powers of sale or decree of, or sale 
under foreclosure of mortgage or deed of trust, and corporations here- 
tofore organized under the provisions of the act hereby amended, their 
successors or assigns, shall have and possess all the powers and privi- 
leges conferred by this act. 

Approved May 11, 1877. 



TENCING AND OPERATING RAILROADI?. 
'i 1. Fencing track. | § 2. Repeal. 

An Act to amend section one (1) of an act entitled '^ An act in relation to fenc- 
ing and operating railroads,^'' approved March 31, 1874. Approved 
May 23, 1877. In force July 1, 1877. 

Section 1. [Fencing Track.] Be it enacted by the People of the State 
of Illinois, represented in the General Assembly, That section one (1) of 
an act entitled "An act in relation to fencing and operating railroads," 
approved March 31, 1874, be and is hereby amended so as to read as 
follows : 

Section 1. That every railroad corporation shall, within six 
months after any part of its line is open for use, erect and thereafter 
maintain fences on both sides of its road, or so much thereof as is 
open for use, suitable and sufficient to prevent cattle, horses, sheep, 
hogs or other stock from getting on such railroad (except at the cross- 
ing of public roads and highw^ays and within the limits of cities and 
incorporated towns and villages), with gates or bars at the farm cross- 
ings of such railroad, wdiich farm crossings shall be constructed b}' 
such corporation when and where the same may become necessary, for 
the use of the proprietors of the lands adjoining such railroad; and 
shall also construct, where the same has not already been done, and 
thereafter maintain at all road crossings now existing, or hereafter 
established, cattle-guards suitable and sufficient to prevent cattle, 
horses, sheep, hogs and other stock from getting on such railroad; and 
when such fences or cattle-guards are not made as aforesaid, or when 
Buch fences or cattle-guards are not kept in good repair, such railroad 
corporations shall be liable for all damages which may be done by the 
agents, engines or cars of such corporation to such cattle, horses, sheep, 
hogs or other stock thereon ; but when such fences and cattle-guards 
have been duly made and kept in good repair, such railroad corpora- 
tion shall not be liable for any such damages unless negligently or ^ 
willfully done. 

§ 2. [Repeal.] All acts and parts of acts in conflict with th& 
foregoing section are hereby repealed. 

Approved May 23, 1877. 



RATLROADS AND WAREHOUSES. ^55 



FENCING AND OPERATING RAILROADS. 

I 62. Speed through cities— Damage. | i, 2. Repeal. 

An Act entitled "'An act to amend section twenty-four of an net in relation 
to fencing and operating Railroads.^'' Appj'oved March 31. 1874. Ap- 
proved May 22, 1877. In force July 1, 1877. 

Section 1. [Speed Through Cities — Damages.] Be it enacted by the 
Peopjle of the State of Illinois, represented in the General Assembly, That sec- 
tion sixty-two of Chapter One Hundred and Fourteen of the 
Revised Statutes of 1874, be so amended as to read as follows : 

Whenever any railroad corporation shall by itself or agents, run 
any train, locomotive engine, or car, at a greater rate of speed in or 
through the incorporated limits of any city, town or village, than is 
permitted by any ordinance of such city, town or village, such corpor- 
ation shall be liable to the person aggrieved for all damages done the 
person or property by such train, locomotive engine or car; and the 
same shall be presumed to have been done by the negligence of said 
corporation, or their agents ; and in addition to such penalties as may 
be provided by such city, town or village, the person aggrieved by the 
violation of any of the provision of this section, shall have an action 
against such corporation, so violating any of the provisions to recover 
a penalty of not less than one hundred dollars, nor more than two hun- 
dred dollars, to be recovered in any court of competent jurisdiction ; 
said action to be an action of debt, in the name of the People of the 
State of Illinois for the use of the percon aggrieved ; but the court or 
jury trying the case may reduce said penalty to any sum, not less 
however than fifty dollars, where the offense committed by such viola- 
tion ma}^ appear not to be malicious or willful ; Provided, That no 
such ordinance shall limit the rate of speed, in case of passenger 
trains to less than ten miles per hour, nor in any other case to less 
than six miles per hour. 

§ 2. [Repeal.] All acts or parts of acts in conflict with this act 
are hereby repealed. 

Approved May 22, 1877. 



RAILROAD DEPOTS. 
I 1. Required to Build and Maintain Depots. | g 2. Penalty. 

An Act compelling Railroad Companies in this State to build and maintain 
depots for the comfort of passengers, a.nd for the protection of shippers of 
freight at towns and villages on the line of their roads. Apjrroved May 23, 
'1877. In force July 1,1877. 

Section 1. [Required to Build and Maintain Depots.] Be it en- 
acted by the Peopile of the State of Illinois, represented in the General Assem- 
bly, That all railroad companies in this State carrying passengers or 
freight shall, and they are hereby required to build and maintain de- 
pots for the comfort of passengers and for the protection of shippers of 



1QQ RAILROADS AND WAREHOI'SES. 



freight, where such railroad companies are in the practice of receiving 
and delivering passengers and freight, at ail towns and villages on the 
line of their roads having a population of five hundred or more. 

§ 2. [Penalty.] Any railroad company in this State failing to 
comply with the provisions of the preceding section after this act shall 
go into effect, and within ninety days after notice in writing of its 
failure to comply with the provisions of said section shall have been 
served upon any agent of said railroad by the authorized agent of any 
town or village aggrieved, shall pay for each and every day it shall 
neglect the sum of fifty dollars ($50.00) to be recovered in an action of 
debt before any justice of [the] peace, in the name of the People of the 
State of Illinois, in any town or village aggrieved. Said penalty to 
be paid to the said town or village for the school fund. 

Approved May 23, 1877. 



TO PROTECT PASSENGERS ON RAILROADS. 

g 1. Conductors invested with police powers. I § 8. When passengers may be arrested. 
I 2. For what passenger may be ejected from 
train. I 

An Act for the protection of passengers on Railroads. Ajjproved May 14, 
1877. In force July 1, 1877. 

Section 1. [Conductors Invested with Police Powers.] Be it 
enacted by the People of the State of Illinois, represented in the General Asseyn- 
hly, That the conductors of all railroad trains carrying passengers 
within this State shall be invested with police powers while on duty 
on their respective trains. 

§ 2. [Ejection of Passenger From Train.] When any passenger 
shall be guilty of disorderly conduct, or use any obscene language, to 
the annoyance and vexation of passengers, or play any games of cards 
or chance for money or other valuable thing, upon any railroad 
train, the conductor of such train is hereby authorized to stop his 
train at any place where such offense has been committed and eject 
such passenger from the train, using only such force as may be neces- 
sary to accomplish such removal,, and may command the assistance of 
the emjoloyes of the railroad company, or any of the passengers, to as- 
sist in such removal ; but before doing so he shall tender to such pas- 
senger such proportion of the fare he has paid as the distance he then 
is from the place to which he has paid his fare bears to the whole dis- 
tance for which he has paid his fare, 

§ 3. [When Passenger May BE Arrested.] When any passenger 
shall be guilty of any crime or misdemeanor upon any j^assenger 
train, the conductor or employes of such train may arrest such passen- 
ger and take him before any Justice of the Peace in the county in 
which such crime or misdemeanor is committed, and file an affidavit 
before such Justice of the Peace, charging him with such crime or 
misdemeanor. 

Approved May 14, 1877. 



RAILROADS AND WAREHOUSES. 



167 



TO FACILITATE THE CARRIAGE AND TRANSFER OF PASSENGERS, ETC. 
J 1. Power to own and use water craft. 

An Act to facilitate the carriage and. transfer of passengers and property hy 
railroad companies. Ap)proved May 24, 1877. In jorce July 1, 1877. 

Section 1. [Power to Own and Use Water Craft.] Be it enacted 
by the People of the State of Illinois, represented in the General Assembly, 
That all railroad companies incorporated under the laws of this State, 
having a terminus upon any navigable river bordering on this State, 
shall have power to own for their own use any water craft necessary 
in carrying across such river any cars, property or passengers trans- 
ported over their lines, or transported over any railroad terminating 
on the opposite side of such river to be transported over their lines. 
Provided, That no right shall exist under this act to condemn any real 
estate for landing for such water craft, or for any other purpose. And 
this act shall only apply to such railroad companies as own the land- 
ing for such w^ater craft : Provided, also, that nothing in this act shall 
be held to impair or affect any right or privilege granted any Ferry, 
Company incorporated under the laws of this State ; and that all the 
powers and rights herein granted said Railroad Companies shall be 
subject to whatever rights and privileges may have heretofore been 
granted to any Ferry Company in this State, and that nothing in this 
act shall prevent said Railroad Companies from being subject, in the 
use of such water craft, to all laws of the State regulating ferries now 
in force oi;.hereafter to be in force : And provided, further. That nothing 
in this act shall be held or construed to authorize any railroad or 
railway company doing business under any charter granted by this 
State, to consolidate with any railroad or railway company out of this 
State, so as to form one continuous line of railroad, or otherwise to 
alter, modify or repeal any provision of any such charter granted by 
this State ; or to impair the rights of this State as now reserved to it 
in any such charter. 

Approved May 24, 1877. 



OBSTRUCTING BUSINESS OF RAILROADS, ETC. 



I 1. Locomotive engineer not to abandon en- 
gine. 

g 2. PeT-=r,ns obstructing business of railroad- 
Fine. 



l ^■ 



Conspiracy to impede business. 
Construction of act. 



An Act to prohibit any person from obstructing the regular operation and 
conduct of the business of railroad companies or other corporations, firms or 
individucds. Approved June 2, 1877. In force July 1, 1877. 

Section 1. [Locomotive Engineer not to Abandon Engine.] Be 
it enacted by the People of the State of Illinois, represented in the General 
Assembly, If any locomotive engineer in furtherance of any combina- 
tion or agreement, shall willfully and maliciously abandon his locomo- 
tive upon any railroad at any other point than the regular schedule 



IQ^ RAILROADS AND WARE lOUSES. 



destination of such locomotive, he shall be fined not less than twenty 
dollars, nor more than one hundred dollars, and confined in the county- 
jail, not less than twenty days, nor more than ninety days. 

§2. [Persons Obstructing Business OF Railroad — Fine.] If any 
person or persons shall willfully and maliciously, by any act or by 
means of intimidation, impede or obstruct, except by due process of 
law, the regular operation and conduct of the business of any railroad 
company or other corporation, firm or individual in this State, or of 
the regular running of any locomotive engine freight or passenger 
train of any such company, or the labor and business of any such 
corporation, firm or individual, he or they shall, on conviction there- 
of, be punished by a fine of not less than twenty dollars nor less 
tnan two hundred dollars, and confined in the county jail not more 
than twenty days, nor more than ninety days. 

§ 3. [Conspiracy to Impede Business.] If two or more persons 
shall willfully and maliciously combine or conspire together to ob- 
struct or impede by any act, or by means of intimidation, the regular 
operation and conduct of the business of an}^ railroad company or any 
other corporation, firm or individual in this State, or to impede hin- 
der or obstruct, except by due process of law, the regular running of 
any locomotive engine freight or passenger train, on any railroad, or 
the labor or business of any such corporation, firm, or individual, 
such persons shall, on conviction thereof, be punished by fine not less 
than tAventy dollars, nor more than two hundred dollars, and con- 
fined in the county jail not less than twenty days, nor more than 
ninety days. 

§ 4. [Construction of Act.] This act, shall not be construed to 
apply to cases of persons voluntarily quitting the employment of any 
railroad companj' or such other corporation, firm or individual, 
whether by concert of action or otherwise, e[x]cept as is provided in 
section one (1) of this act. 

Approved June 2, 1877. 



RECEIVING, carrying AND DELIVERING GRAIN. 
j 2. Scales— Weighing— Penalties. | g 2. Repeal. 

An Act to amend section two (2) of aii act entitled " An act regulating 
the receiving, trans-portation and delivery of grain by railroad cor- 
porations, and defining the duties of such corporations itnth respect 
thereto," approved April 25,1871. Approved 3Iay IS, ISll . In 
force July 1, 1877. 

Section 1. Beit enacted, by the People of the State of Illinois, represented 
in the. General Assembly, That section two (2) of "An act regulating the 
receiving, transportation and delivery of grain by railroad corporations 
and defining the duties of such corporations with respect thereto," ap- 
proved April 25, 1871, be amended so as to read as foUow^s : 

§ 2. [Scales — Weighing — Penalties.] At all stations or places 
from which the shipmenta of grain by the road of such corporation 



RAILROADS AND WAEKHOUSES. IQg 



shall have amounted during the previous 3"ear to tift}" thousand 
(50,000) bushels or more, such corporation shall, when required so to 
do by the persons who are the shijjpers of the major part of said fifty 
thousand bushels of grain, erect and keep in good condition for use, 
and use in weighing grain to be shipped over its road, true and correct 
scales, of proper structure and capacity for the weighing of grain by 
car load in their cars after the same shall have been loaded. Such 
corporation shall carefully and correctly "weigh etich car upon which 
grain shall be shipped from such place or station, both before and 
after the same is loaded, and ascertain and receipt for the true amount 
of grain so shipped. If any such corporation shall neglect or refuse 
to erect and keep in use such scales when required to do so as afore- 
said, or shall neglect or refuse to weigh in the manner aforesaid any 
grain shipped in bulk from any station or place, the sworn statement 
of the shipper, or his agent, having personal knowledge of the amount 
of grain shipped, shall be taken as true as to the amount so shipped. 
In case any railroad corporation shall neglect or refuse to comply with 
any of the requirements of section first, second and fifth of this act, it 
shall, in addition to the penalties therein provided, forfeit and pay for 
every such offense and for each and every day such refusal or neglect 
is continued the sum of one hundred dollars ($100), to be recovered in 
an action of debt before any justice of the peace, in the name of the peo- 
ple of the State of Illinois, such penalty or forfeiture to be paid to the 
county in which the suit is brought, and shall also be required to pay 
all costs of prosecution, including such reasonable attornej^'s feei as 
may be assessed by the justice before whom the case may be tried. 

§ 2. [Repeal.] All parts of said section in conflict with section 
one of this act are hereby repealed. 

Approved Mav 18, 1877. 



WAREHOUSES. 

^ 15. Rates of Storage. 

An Act to amend section fifteen of an act entitled " A71 act to regula(.e 
public uiarehouses and the ivarehounng and inspection of grain, and to 
give effect to Article 13 of the Constitution of this State" approved 
April 'lo, 1871. Approved May 21^ 1^11 . In force July 1, 1877. 

Section 1. Beit enacted by the People of the State of Illinois, represented 
in the General Assembly, That section fifteen (15), of "An act to reg- 
ulate public warehouses and the warehousing and inspection of grain, 
and to give efiect to Article thirteen (13) of the Constitution of this 
State," approved April 25, 1871: be amended so as to read as 
follows : 

Section 15. [Rates of Storage.] Every warehouseman of 
public warehouses of class 'A' shall be required, during the first week 
in January of each year, to publish in one or more of the newspapers 
(daily, if there be such,) published in the city in which such ware- 
house is situated, a table or schedule of rates for the storage of grain 
in his warehouse during the ensuing year, which rates shall not 



I'JQ REVENUE. 



be increased, (except as provided for in section 16 of this act) dur- 
ing the year; and such jjublished rates, or any published reduc- 
tion of them, shall apj)ly to all grain received into such warehouse 
from any person or source, and no discrimination shall be made 
directly or indirectly, for or against any charges made by such ware- 
housemen for the storage of grain. The maximum charge for storage 
and handling of grain, inducting the cost of receiving and delivering, 
shall be, for the first ten days or part thereof, one and one-cj[uarter (1^) 
cents per bushel, and for each ten days, or part thereof, after the first 
ten da ys one-half of one cent per bushel : Provided, hoivever, That grain 
damp, or liable to early damage, as indicated by its inspection when 
received, may be subject to two cents per bushel storage, for the first 
ten days, and for each additional five days, or part thereof, not exceed- 
ing one-half of one cent per bushel; Provided, further, That Avhere 
grain has been received in any such warehouse prior to the first day 
of March, eighteen hundred and seventy-seven, under any express or 
implied contract to pay and receive rates of storage difierent from 
those prescribed by law, or where it has been received under any 
custom or usage prior to said day to pay or receive rates of storage 
different from the rates fixed by law, it shall be lawful for any owner 
or manager of such warehouse to receive and collect such agreed or 
customary rates. 

Approved May 21, 1S77. f 



REVENUE. 



FOR STATE PURPOSES, 
g ]. Tax by Valuation. | §2. Rates per cent.— Repealing Clause. 

An Act to provide the necessary revenue for State 'purposes. Approved May 
25, 1877. In force My 1, 1877. 

Section 1. [Tax by Valuation.] Be it enacted by the People of the 
State of Illinois, represented in the General Assembly, That there shall be 
raised by levying a tax, b}'- valuation upon the assessed taxable prop- 
erty for the year A. D., 1877, in this State, the following sum, to-wit : 
For general State purposes, to be designated "revenue fund," two rail- 
lion dollars ($2,000,000), for the year 1877, and one million five hun- 
dred thousand dollars (^1,500.000) upon the assessed taxable property 
for the year 1878 ; and for State school purposes, to be designated 
" State school fund," one million dollars ($1,000,000) for each of said 
years, 1877 and 1878, upon the valuation aforesaid. 

§ 2. [Rates per Cent — Repealing Clause.] The Governor and 
Auditor shall annually, compute, the separate rates per cent, required 
to produce not less than the above amounts, anything in any other 
act providing a different manner of ascertaining, the amount of reve- 
nue required to be levied for State purposes to the contrary notwith- 



EEVENUE. IJl 



standing, and when so ascertained, the Auditor shall certify to the 
county clerks tlie proper rates per cent, therefor, and also such defi- 
nite rates for other purposes as are now or may hereafter be provided 
by law, to be levied and collected as State taxes, and all laws and parts 
of laws ivi conflict with this act are hereby repealed. 
Approved May 25, 1877. 



BRIDGES ON BORDER OF STATE— HOW TAXED. 
g 1. Sale of Bridge, etc., for Tax. 

An Act to amend section two (2), of an act entitled '''An act to provide for 
the assessment and taxation of bridges across navigable praters on the borders 
of this State,^' approved and in force May 1, 1873. Approved May 3, 
1877. In force July 1, 1877. 

Section 1. Be it enacted by the People of the State of Illinois^ represented 
in the Genercd Assembly^ That section two (2) of an act entitled "An act 
to provide for the assessment and taxation of bridges across navigable 
waters on the borders of this State," approved, and in force, May 1, 
1873, be so amended as to read as follows : 

§ 2. [Sale of Bridge, etc., for Tax.] In default of the payment 
of any such tax assessed against any such bridge company, as afore- 
said, such bridge structure, and approaches thereto, so far as the same 
are located within this State, together with the land on which the same 
is located, as described by the Assessor, and the franchise belonging 
thereto, shall be sold for such tax at the same time and in the same 
manner as other real estate shall be sold in such county for delinquent 
tax; and any county, city, town, school district, or other municipal 
corporation, interested in the collection of the tax levied upon such 
bridge, may become the purchaser at such sale, or at any sale of such 
property under judgment recovered upon, or to enforce the collection 
of, such tax ; and if the property, so sold, is not redeemed, may accjuire, 
hold, sell and dispose of the title thereto. 

Approved May 3, 1877. 



manner in which taxes are to BE COLLECTED. 
§ 15-1. Kind of money. 

An Act to amend\anacl entitled ^' An act for the assessment of prop- 
erty and for the levy and collection of taxes" approved. March 30, 
1872. Approved May 25, 1877. Li force July 1, 1877. 

Section 1. Be it enacted by the People of the State of Illinois, represent- 
ed in the General Assembly, That section one hundred and fifty-four of 
" An act for the assessment of property and for the levy and collection 
of taxes," approved March 30, 1872, be and the" same hereby is amended 
so that hereafter it shall read as follows : 



J 72 liE VENUE. 



§ 154. [Kind of Money.] The county revenue shall be collected 
in gold and silver coin, United States legal tender notes, current na- 
tional bank notes, county orders and jur}^ certificates, and in no other 
currency. The revenue for State purposes shall be collected in gold 
and silver coin, United States legal tender notes, current national 
bank notes and Auditor's warrants, and in no other currency. The 
revenue for city purposes shall be collected in gold and silver coin, 
United States legal tender notes, current national bank notes, city 
comptroller's, city auditor's, or city clerk's warrants or orders on the 
city treasurer, and in no other currenc^^ State taxes levied for any 
special purpose, other than to defray" the ordinary expenses of the 
State government, shall be collected in gold and silver coin. United 
States legal tender notes, current national bank notes and in no other 
currency. All other taxes shall be collected in gold and silver coin, 
United States legal tender notes and in current national bank notes, 
and in no other currency unless otherwise specially provided for. 

Approved May 25, 1877. 



RETURN AS TO REAL ESTATE TAX. 
'i 172. Form of Returns as to Real Estate Tax. 

Av Act to amend section 172 of an act entilled "yl?i, act, for the «-?- 
sessmejit of property , and for the tevy and collection of taxes'' ap- 
proved liarcli 80, 1872. Approved 3Iay 25, 1877. In force July 

1, 1877. 

Section 1. Be it enacted by the People of (he State of Illiiwis, represented 
in the General Assembly, That section 172, of said act, be so amended as 
to read as follows, to-wit ; 

§ 172. [Return as to Real Estate Tax.] Each town or district 
■collector, in counties under township organization, shall at the same 
time make out and deliver to the County Collector, a list of the real 
estate, in his town or district, on which the taxes remain due and un- 
paid, describing the same as in the tax book set forth giving the 
names of the persons to whom listed and the amount of each kind of 
tax charged thereon, and shall swear to the correctness of such list, 
and that the taxes therein set forth remain due and unpaid. And in 
counties not under township organization, it shall be the duty of the 
■district collector to make return of the taxes uncollected in his hands 
to the County Collector under oath in the manner hereinbefore stated. 
Provided, That in making out such list, he shall return only the total 
amount of each kind of taxes remaining due and unpaid, and shall 
accompany such return with the tax books in his hands, which shall 
be made a part of his report whereupon the County Collector shall 
at once proceed to the collection of taxes appearing upon said tax 
books as unpaid in the manner now provided by law for the collection 
of delinquent taxes. 

Approved May 25, 1877. 



REVENDH. 



COUNTY COLLECTOR'S POWERS, ETC. 
i. 1. Powers of Collector — When Town Clolector's Books may be Delivered to. 

An Act to amend section one hundred and eighty-one (181) of an act 
entitled " An act for the assessment of propeiiy, and for the levy and. 
eollection of taxes," approved Ilarch 30, 1872. Approved, May 
21, 1877. In force July 1, 1877. 

Section 1. Be it enacted hy the People of the State of Illinois, rep- 
resented in the General Assembly, That section one hundred and eighty- 
one (181) of the act for the assessment of property, and for the levj 
and collection of taxes, approved March 30, 1872, in words and figures 
as follows, to-wit : " Section one hundred and eighty-one (181), Coun- 
ty Collectors shall have the same powers, and may proceed in the same 
manner for the collection of any tax on real or personal property, as 
is, or may be given to townoi district collectors," be, and the same is 
hereby amended to read as follows : 

§ 181. [Powers OF Collector — Town Collector's Books.] County 
Collectors shall have the same powers and may proceed in the same 
manner for the collection of any tax on real or personal property, as 
town or district collectors ; and if in any town or collection district 
the office of town or district collector is, or shall become vacant, and 
such vacancy shall not be filled before the tenth day of March next 
following such vacancy, or, if in any town or collection district the 
books for the collection of taxes for any reason have not been, or shall 
not be delivered to the town or district collector before the tenth day 
of March, in any year next ensuing after the making out of such books,, 
the County Clerk of the county wherein such town or collection dis- 
trict is situated shall deliver all such collector's books to the countj 
collector of such county, having annexed to each of such books" a war- 
rant, under the hand and official seal of the County Clerk, command- 
ing such county collector to collect from the seyeral persons named in 
such books the several sums of taxes therein charged opposite their 
respective names, and authorizing him in case any person named in 
such collector's books shall neglect or refuse to pay his personal prop- 
erty tax, to collect the same by distress and sale of the goods and chat- 
ties of such person. It shall, thereu]3on, be the duty of such countj 
collector to collect and pay overall taxes, assessments and other charges 
shown in such books, and to do all acts required of him bylaw, in like 
manner as if such taxes, assessments and other charges had been 
duly returned delinquent by a town or district collector. The collec- 
tor's books, so delivered to the County Collector by the County Clerk 
shall for all purposes in all subsequent proceedings be used in lieu of, 
and have the same force and effect as the statement of uncollected 
taxes on personal property, and list of real estate, on which the taxes 
remain due and unpaid, provided by law to be made out by town and 
district collectors. 

Approved May 21, 1877. 



174 REVEKUF. 



APPEALS— DEPOSIT TO BE MADE BEFORE APPEAL GRANTED. 

I 192. Appeals — Deposit— Damages— Cost. 

An Act to amend section 192 of an act entitled ^-An act, for the asses- 
ment of property and for the levy and cotlection of taxes," ap- 
proved March SOth, 1872, and to amend an act entitled '•^An act 
to amend sections one hundred and ninety -two (192), and one 
hundred and ninety -three" (193), of an act entitled "An act, for the 
assessment of property and for the levy and collection of taxes," 
approved March SOth, 1872 ; approved April lUh, 1875. Ap- 
proved May 2oth, 1877. In force July 1, 1877. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly^ That section one hundred and ninety- 
two of said act, of March 30th, 1872, as amended April 15th, 1875, 
be further amended so as to read as follows : 

§ 192. Appeals from the judgment of the Court may be taken 
during the same term to the Supreme Court on the party praying an 
appeal executing a bond to the people of the State of Illinois, with two 
or more sureties to be approved by the Court, in some reasonable 
amount to be fixed by the Court, conditioned that the appellant will 
prosecute his said appeal with effect, and will pay the amount of any 
tax assessment, and cost which may finally be adjudged against the real 
estate involved m the appeal by any Court having jurisdiction of the 
cause. But no appeal shall be allowed from any judgment for the 
sale of lands or lots for taxes, nor shall any writ of error to reverse 
such judgment operate as a supersedeas, unless the party praying such 
appeal or desiring such a w^rit of error, shall before taking such ap- 
peal or suing out such writ of error, deposit with the Count}' Collector 
an amount of money equal to the amount of the judgment and costs. 
If in case of an appeal, or suing out a writ of error, the judgment 
shall be affirmed in whole or m part, the Supreme Court shall enter 
judgment for the amount of the taxes with damages, not to exceed 
ten per cent., and order that the amount deposited with the Collector, 
as aforesaid, or so much thereof as may be necessary, shall be credited 
upon the judgment so rendered, and execution shall issue for the bal- 
ance of said judgment, damages and costs. The Clerk of the Supreme 
Court shall transmit to said County Collector, a certified copy of the 
order of affirmance, and it shall be the duty of the Collector, upon re- 
ceiving the same, to apply so much of the amount deposited with 
him, as aforesaid, as shall be necessary to satisfy the amount of the 
judgment of the Supreme Court, and to account for the same as col- 
lected taxes. If the judgment of the County Court shall be reversed 
and the cause remanded for a rehearing, and if upon the rehearing, 
judgment shall be rendered for the sale of the lands or lots for the 
taxes, or any part thereof, and such judgment be not appealed from, 
or a writ of error prosecuted with supersedeas issued thereon, as here- 
in provided, the Clerk of the County Court shall certify to the County 
Collector the amount of such judgment, and thereupon it shall be the 
duty of the County Collector to certify to the County Clerk the 
amount deposited with him, as aforesaid, and the County Clerk shall 
credit the said judgment with the amout of such deposit, or so much 



REVENUE. J^75 



thereof as will satisfy the judgment, and the County Collector shall 
be chargeable with, and accountable for, the amount so credited, as 
collected taxes. Nothing herein contained shall be construed as re- 
Cjuiring an additional deposit in case of more than one appeal or writ 
of error being prosecuted in said proceedings. If, upon a final hear- 
ing, judgment shall be refused for the sale of lands or lots for the taxes, 
or any part thereof, the Collector shall pay over to the party who shall 
have made said deposit, or his legall}- authorized agent or representa- 
tives, the amount of the deposit, or so much thereof as shall remain 
after the satisfaction of the judgment against the premises in respect 
of which such deposit shall have been made. 
Approved May 25, 1877. 



PROCEEDINGS IN APPEAL CASES, 
j 193. Proceedings for sale in appeal cases. | g 2. Emergency. 

An Act to amend section one hundred and ninety-three (IDS) of an act enti- 
tled ^^An act jar the assessment of Property, and for the Levy and Collection 
of Taxes,''' approved March 30, 1872. Approved and in force May 17, 
1877. 

Section 1. Be it enacted by the Peopjle of the State of Illinois, repre- 
sented in the General Assembly, That section one hundred and ninety- 
three (193) of an act entitled, "An act for the Assessment of Property 
and for the Levy and Collection of Taxes," approved March 30th, 
1872, be and the same is hereby amended so that the same shall read 
as follows : 

§ 193. [Proceedings for Sale in Appeal Cases.] In all cases 
of appeal to the Supreme Court from the judgment of the County 
Court for any taxes or assessments levied upon real estate the Su- 
preme Court may render judgment against all the lots and lands, or 
any particular lot or tract of land embraced in the appeal, for so 
much or such part of the taxes and assessments, or any particular tax 
or assessment, it may find to be legally charged against the same ; and 
in case it shall find any part of the taxes or assessments, or any par- 
ticular tax or assessment, charged against the same, has not been 
legally charged, it may either remit said taxes or assessments 
or particular tax or assessment so found to be illegally charged, 
or may reverse so much or such part of the judgment of the 
County Court as relates to said taxes or assessments, or particular 
tax 'or assessment, so illegally charged, and remand the same to 
said inferior court, that other proceedings may be had thereon. When 
the judgment of an inferior court shall have been, or shall be, aflirmed 
b}' the Supreme Court, or when judgment shall be rendered by the 
Supreme Court against any lot or tract of land embraced in such ap- 
peal, it shall be the duty of the Clerk of the Supreme Court to make 
out and deliver to the County Clerk of the county from which such 
appeal is taken, a record of the lands and lots against which judgment 
is rendered or affirmed, which shall set forth the name of the owner, 



176 REVENUE. 



if known, the description of the property, the total amount of the 
judgment on each tract or lot, and shall attach thereto a copy of the 
order of the Supreme Court and his certificate that such record is 
correct, which shall be filed in the office of said County Clerk, and 
shall be the process on which such real estate, or any interest therein, 
shall be sold for such taxes or assessments, or particular tax or assess- 
ment, as well as the record for the sale thereof; audit shall be the duty 
of the County Collector, assisted by the County Clerk, to proceed and 
sell the same for the amount of such judgment and costs in the man- 
ner provided, when judgment is rendered by the County Court against 
delinquent real estate. The Collector shall publish a general notice 
of such sale in a newspaper published in his county, if any such 
there be, and if there be no such paper published in his county, then 
in the nearest newspaper published in the State, to the county seat 
of such county; said notice to be so published once in such newspaper 
at least three weeks previous to the day fixed for such sale. Upon the 
dismissal of any appeal and upon filing in the ofiice of the County 
Clerk of the county from which the appeal is taken, a certi- 
fied copy of the order of such dismissal, the County Clerk shall make 
a record of the lands and real estate embraced in such appeal, which 
shall be the process on which the real estate embraced in such appeal 
shall be sold; and it shall be the duty of the County Collector to pro- 
ceed and sell the same in the manner provided hereinbefore in cases 
of judgment rendered against real estate by the Supreme Court on 
the hearing of an appeal. In all cases of appeals heretofore taken, or 
which may hereafter be taken, to the Supreme Court from the Count}^ 
Court refusing judgment, and the decision of the County Court, has 
been or shall be reversed, and the County Court has been, or shall 
hereafter be, by the order of the Supreme Court, directed to enter 
judgment against the real estate embraced in said appeal, it shall be 
the duty of the Clerk of the Supreme Court to make and deliver to 
the County Clerk of the county from which such appeal was or may 
be taken, a record thereof, and embracing all other matters as in cases 
of a judgment being rendered by the Supreme Court ; and the County 
Court shall upon the presentation of such certified record render judg- 
ment thereon, as directed by the Supreme Court, and like proceedings 
shall be had upon such record to the sale and collection of said judg- 
ment. In all cases where any appeal has been taken to the Supreme 
Court from the judgment of the Circuit Court for any tax or assess- 
m^ent, and such judgment shall have been or maybe affirmed, like 
proceedings shall be had, as near as ma}^ be, for the notice, sale and 
redemption, as if such appeals had been taken from the County 
Court. 

§ 2. [Emergency.] Whereas, the law is inadec[uate to execute 
eertain judgments hereinbefore rendered in the Supreme Court, there- 
fore, an emergency exists, and this act shall take effect and be in force 
from and after its passage. 

Approved May 17, 1877. 



REVENUE. 277 



CURIXG IRREGULARITIES IN ASSESSMENTS. 
§ 1. Irregularities — Equalization — Emergency. 

An Act to correct irregularities in Assessvient of Property for taxation and 
in the Equalization of Assessments for such purposes. Approved and in 
force May 29, 1877. 

Section 1. [Irregularities — Equalization — Emergency.] Be 
it enacted by the People of the State of Illinois, represented in the General 
Assembly, That in any case where the County Board of any county 
shall have failed to complete the equalization of assessments, as re- 
turned for an}^ year, at the meeting held on the second Monday in 
July, or shall have failed to act upon a complaint that another is 
assessed too low at such meeting, the equalization of such assessment, 
or action upon such complaint by the County Board at any subse- 
quent meeting thereof, is hereby declared legal and valid, and the 
taxes extended thereon shall be and remain a lien on the property 
against which they are extended, to the same extent as if such equal- 
ization and action upon complaint had been had and taken on the 
second Monday in July. 

Whereas, In some of the counties cf this State, it was impossible 
to equalize all the assessments and act upon the complaints of Ioav as- 
sessment at the meeting heretofore designated by laAV, and therefore 
an emergency exists to legalize er[ualizations heretofore made ; this 
act shall take effect and be in force from and after its passage. 

Approved May 29, 1877. 



—12 



178 



ROADS AND BRIDGES. 



ROADS AND BRIDGES. 



Section 

1. Certain roads declared public highways. 

2. Turn to the right. 

3. Drunken driver. 

4. Drunken driver — Discharge of. 

5. Running horses on public roads. 

6. Teaijs to be hitched. 

7. Owner liable for damages— Driver of stage 

guilty of misdemeanor. 

8. Carriage defined. 
Restriction — Jurisdiction. 
Commissioners of Highways. 
Justice to issue summons. 
Trial. 
Fine. 

Contract — Poll tax. 
Meetings of Commissioners — OiScers. 
Defacing guide-board. 
Obstructing roads — Penalty. 
Injuring or obstructing bridge. 
Suit to recover penalty. 
Fines— How disposed of. 
Sidewalks and shade trees. 
Right to make crossing. 
When owner may connect fence with 

bridge. 
Width of roads. 

Notice against fast driving on bridge. 
Penalty for fast driving on bridge. 
Ditches. 
Altering, widening, vacating and laying 

out roads. 
Petition. 

Posting copy of petition— Proof. 
Time of meeting to examine to be fixed — 

Notice. 
Adjournment — Decision — Proceedings 

thereon. 
In case of vacation of road. 
When for laying out, altering or widening 

road. 
Damages to be aiscertained. 
Damages may be agreed upon. 
Summoning "jury to assess damages. 

38. Notice to owners. 

39. Summoning jury to assess damages. 

40. Challenge of jury. 

41. Notice to unknown owners. 

42. Service of notice. 

43. Oath of jury— Trial. 

44. Trial— Judgment. 

45. Separate trials — Continuance. 

46. Final decision of Commissioners — Notice 



9. 
10. 
11. 

12. 
13. 
14. 
15. 
16. 
17. 
18. 
19. 
20. 
21. 
22. 
23.' 

24. 

25. 
2g'. 
27. 
28. 

29. 
30. 
31. 

32. 

33. 
34. 

35. 
36. 
37. 



Section 

47. Commissioners may revoke proceedings. 

48. When Commissioners not to revoke pro- 
ceedings. 

When damages released, or agreed upon. 

Inducements may be offered. 

Town clerk's record— Evidence — Efifect of 
same. 

Private roads. 

Limitation of time to open. 

Crops — Fences. 

Payment for work on private roads. 

Roads on town and county lines. 

Commissioners may allot to each town 
part of road. 

Appeal. 

Time of appeal— Power of Supervisors- 
Appeal to. 

Report of decision— Compensation — Effect 
of decision. 

Costs of appeal. 

Majority may decide, 

Appeal where road is on town or county 
line. 

Town and county line roads— How allotted 
— What deemed such. 

State line road. 

Town and county line bridges. 

Contracts in reference to bridges. 

Enforcement of contracts. 

Effect of judgment on such contract. 

County aid to build bridge. 

Vote to borrow money to build bridges — 
Bonds. 

Re-survey and plat of road. 

New road not to vacate old roads, unless. 

Contracts for bridges. 

May reject all bids. 

Contracts — How m^ade payable. 

Orders received for tax. 

Removal of fences. 

Compensation of Commissioners. 

Road to be opened in five years. 

Tax of town or village — How paid — Ex- 
tended. 

Tax extended in separate columns. 

Certificate of tax levied. 

To whom tax paid when collected. 

List of tax payers furnished clerk. 

How tax to be used. 

Penalty for neglect of duty. 

Saving clause. 

Repeal. 



49. 
50. 
51. 

52. 
53. 
54. 
55. 
56. 
57. 

58. 
59. 

60. 

61. 
62. 
63. 

64. 

65. 
66. 
67. 
68. 
69. 
70. 
71. 



76. 
77. 
78. 
79. 
80. 
81. 

82. 
83. 
84. 
85. 
86. 
87. 
88. 
89. 



An Act in regard to Roads and Bridges in Counties under Township 
Organization. Approved May 26, 1877. In force July 1, 1877. 

Section 1. [Certain Roads Declared Public Highways.] Be it 
enacted by the People of the State of Illinois, represented in the General Assem- 
bly, That all roads w'ithin this State, w^hich have been laid out in 
pursuance of any law of this State, or of the late Territory of Illinois, 
or which have been established by dedication or used for twenty 
years, and which have not been vacated in pursuance of law are here- 
by declared to be public highways. 

§ 2. [TuRiT TO the Right.] Whenever any persons, traveling 
with any carriages, shall meet on any turnpike road or public high- 
way in this State, the persons so meeting shall seasonably turn their 
carriages to the right of the center of the road, so as to permit each 



ROADS AND BRIDGES. I79 



carriage to pass without interfering or interrupting, under the pen- 
alty of five dollars for every neglect or offense, to be recovered by the 
party injured: Provided, This section shall not be construed to apply 
to any case, unless some injury to persons or property shall occur by 
the driver of the carriage or wagon refusing to turn to the right of the 
beaten track ; nor shall it be construed to extend to a case where it is 
impracticable, from the nature of the ground, for the driver of the 
carriage or wagon to turn to the right of the beaten track. 

§ 3. [Drunken Driver.] No person owning any carriage, run- 
ning or traveling upon any road in this State, for the conveyance of 
passengers, shall employ, or continue in employment, any person to 
drive such carriage, who is addicted to drunkenness or the excessive 
use of spirituous liquors, and if any such owner shall violate the pro- 
visions of this section, after he shall have had notice and reasonable 
proof that such driver is addicted to drunkenness, he shall forfeit at 
the rate of five dollars per day for all the time during which he shall 
thereafter have kept such driver in his employment. 

§ 4. [Drunken Driver — Discharge of.] If any driver whilst 
actaally employed in driving any such carriage, shall be guilty of in- 
toxication to such a degree as to endanger the safety of the passengers 
in the carriage, it shall be the duty of the owner of such carriage, on re- 
ceiving written notice of the fact, signed by any one of said passen- 
gers, and certified by him on oath, for[th]with to discharge such driver 
from his employment ; and every such owner who shall retain or have 
in his employ, within three months after the receipt of such notice 
any driver who shall have been so intoxicated, shall forfeit at the 
rate of five dollars per day for the time during which he shall keep 
any such driver in his employment after receiving such notice. 

§ 5. [Running Horses on Public Road.] No person driving any 
carriage upon any turnpike road or public highway within this State 
with or without passengers therein shall run his horses or carriage (or 
permit the same to run) upon any occasion, or for any purpose what- 
ever ; and every person who shall offend against the provisions of this 
section shall be deemed guilty of a misdemeanor, and on conviction 
thereof, shall be fined not exceeding ten dollars, or imprisoned not 
exceeding sixty days, at the discretion of the court. 

§ 6. [Teams to be Hitched.] It shall not be lawful for the driver 
of any carriage used for the purpose of conveying passengers for hire, 
to leave the horses attached thereto while passengers remain therein 
without first making such horses fast with a sufficient halter, rope or 
chain, or by placing the lines in the hands of some other person, so 
as to prevent their running ; and if any such driver shall ofl:end 
against the provisions of this section, he shall forfeit the sum of 
twenty dollars, to be recovered by action, to be commenced within 
six months ; and unless the amount of such recovery be paid forth- 
with, execution shall be immediately issued therefor. 

§ 7. [Owner Liable for Damages — Driver of Stage, etc., 
Guilty of Mlsdemeanor.] The owners of every carriage running 
upon any turnpike road or public highway, for the conveyance of pas- 
sengers, shall be liable, jointly and severally, to the party injured, in 
all cases, for all injuries and damages done by any person in the em- 



IgQ ROADS AND BRIDGES. 



ployment of such owners as a driver, while driving such carriage, to 
any person or to the property of any person ; and that, whenever the 
act occasioning such injury or damage be wailful, negligent or other- 
wise, in the same manner that such driver would be liable. Any 
driver of any mail stage coach or any other vehicle for the conveyance 
of passengers, willfully offending against the provisions of this act, 
shall be deemed guilty of a misdemeanor, and on conviction thereof, 
shall be imprisoned not exceeding four months, or fined not exceeding 
three hundred dollars. 

§ 8. [Carriage Defined.] The term " carriage," as used in this 
act, shall be construed to include stage coaches, wagons, carts, sleighs, 
sleds and every other carriage or vehicle used for the transportation 
of passengers and goods, or either of them. 

§ 9. [Restriction — Jurisdiction.] Nothing contained in this act 
shall interfere with or affect any law concerning hackney coaches or 
carriages in any of the cities of this State, nor interfere with nor affect 
the laws or ordinances of any such city for the licensing or regulating 
such coaches or carriages. Justices of the Peace shall have jurisdic- 
tion in all cases arising under this act, where the penalty does not 
exceed their jurisdiction. 

§ 10. [Duties op Commissioners or Highways.] The Commis- 
sioners of Highways in the several towns of this State shall have the 
care and superintendence of highways and bridges therein, and it 
shall be their duty — 

First. To keep the roads and bridges in their respective towns in 
repair and to cause the building of bridges when the public interest or 
necessity may require it. 

Second. To lay out and establish roads, to regulate the roads already 
laid out, and to alter or vacate such roads as they or a majority of them 
shall deem proper as hereinafter provided. 

Third. To cause such roads used as highways as have been laid out 
or dedicated to public use but not sufficiently described, and such as 
have been used for twenty years, but not recorded, to be ascertained, 
described and entered of record in the Town Clerk's office. 

Fourth. To cause the highways and bridges which are or may be 
erected over streams intersecting highwa^^s, to be kept in repair, 
and to see that persons working or repairing the highways leave un- 
disturbed all stones or other monuments marking sectional and other 
corners which may be in the public roads, repaired or worked by 
them. 

Fifth. To take possession of and keep all scrapers, plows and other 
tools belonging to their towns wherever the same may be found 
and not allow the same to go to waste, and not lend the same except 
to persons employed by them to work the roads, by contract or other- 
wise. 

Sixth. To purchase for use upon highways such iiecessary tools 
implements and machinery as they may think proper. 

Seventh. To cause to be erected and kept in repair at the forks or 
crossing place of the most important public roads, a post and guide 
board, with plain inscription thereon, in letters and figures giving di- 
rections and distances to the most noted places to which such road 
may lead ; to prevent thistles, burdock, cockle-burs, mustard, yellow- 



EOADS AND BRIDGES. J^g| 



dock, Indian mallow and gvmpson weed from seeding, and to extir- 
pate the same so far as practicable ; and to prevent all rank growth of 
vegetation in the public highway, so far as the same may obstruct 
25ublic travel ; and the said Highway Commissioners may at their dis- 
cretion, sink and construct wells, with a suitable pump or other suit- 
able fixture and a water-trough attached thereto and keep the same in 
repair for public use, for watering teams, at the intersection of the 
most important roads in their towns ; and the}^ may also adopt any 
other suitable and convenient mode of supplying water in troughs 
conveniently situated on the public highways for public use, at other 
points than at such intersections, and the cost of such improvements 
shall be paid out of the road and bridge fund of such town. 

Eighth. To make out and deliver to their treasurer on or before 
the first da}^ of May of each year, a list of able-bodied men in their 
town, between the ages of twenty-one and fifty years, and assess 
against each person iipon such list the sum of two dollars as a poll tax 
for highway purposes, fb be paid to such Treasurer by the first Mon- 
day in July of each year : Provided, That paupers, idiots, lunatics and 
such others as are exempt b}'' law, shall not be compelled to pay a poll 
tax for highway purposes. 

Ninth. Within thirty days after such list is delivered to each 
Treasurer to cause written or printed notice to be given to each per- 
son so assessed, notifying him of the time when and the place where 
such tax must be paid or its equivalent in labor performed. 

Tenth. The Commissioners of Highways of each town shall render 
to the Board of Town Auditors at their annual meeting for auditing 
the accounts of town officers an account in writing stating : First, 
The amount of real estate and personal property tax received by them; 
Second, The suras received by them on account of poll tax ; Third, 
All sums received by them for fines and commutations and from all 
other sources; Fourth, The amount expended by them for all pur- 
poses, specifying by items the date, purpose and amount of each 
expenditure, and to whom paid, with the vouchers for the same ; 
Fifth, The names of the persons assessed for poll tax; Sixth, The 
names of all persons who have paid or worked out poll tax ; Seventh, 
The names of persons who have been fined and the sums which they 
have been fined, and what fines remain unpaid. 

Eleventh. If the amount as hereinbefore provided to be assessed as 
a poll tax shall not be paid nor the labor performed by the first Mon- 
day of July in such year or within ten days after notice is given after 
that time, it shall be the duty of the Highway Commissioners to, in 
the name of the town, bring suit therefor against such person, be- 
fore some justice of the peace having jurisdiction. 

§ 11. [Justice to Issue Summons.] The justice to Avhom such 
complaint shall be made shall forthwith issue a summons, directed to 
any constable of the county, requiring him to summons such delin- 
quent to appear v/ithin five days before such justice, according to law, 
for such refusal or neglect. 

§ 12. [Trial.] On the day of trial the justice shall proceed to 
hear and determine the case according to law, for the offense com- 
plained of, and shall forthwith issue an execution under his hand and 
seal, directed to any constable of the county where such delinquent 



132 kOAjDS AND BKIDGES. 



shall reside, commanding him to levy such fine, with the costs of the 
proceeding of the goods and chattels of such delinquent. 

§ 13. [Fine.] The constable to whom such execution shall be 
delivered, shall for[th]vvith collect the moneys therein mentioned. 
He shall pay the fine, when collected, to the justice of the jDcace who 
issued the execution, who is hereby required to pay the same to the 
Commissioners who entered the complaint, to be expended in im- 
proving the roads and bridges in their town. 

§ 14. [Contract — Poll Tax.] The Commissioners of Highways 
may contract with persons owing poll tax for road purposes to per- 
form a certain amount of labor on any road or bridge in their town 
for the amount of such tax, and if the work is done within the time 
that the money should have been paid, the Commissioners shall give 
such person an order on their treasurer, which shall be received by 
him instead of the money. 

§ 15. [Meetings of Commissioners — Officers.] At the first meet- 
ing of the Commissioners of Highways, after they shall have been 
duly elected and qualified, they shall proceed to choose one of their 
number as Treasurer. The Treasurer so chosen shall receive and 
have charge of all moneys raised in the town for the support and 
maintenance of roads and bridges. He shall hold such moneys, at all 
times, subject to the order of the Commissioners of Highways, and shall 
pay them over upon their order, or a majority of said Commissioners, 
and not otherwise. He shall execute bond with good and sufficient 
security, in such manner as the Supervisor and the Town Clerk shall 
determine, conditioned for the faithful discharge of his duties as such 
Treasurer, and that he will honestly and faithfully account for and 
pay over upon the order of the Commissioners of Highways all 
moneys that shall come to his hands by virtue of his said office ; 
which bond shall be payable to the Supervisor of the town and his 
successor in office, and be approved by the Supervisor and Town 
Clerk and filed in the Town Clerk's office. They shall also choose at 
said meeting one of their number to act as general overseer of High- 
ways in their township, whose duty it shall be to take charge of and 
safely keep all tools, implements and machinery belonging to said 
town, and shall in accordance with the direction of the board, have 
general supervision of all roads and bridges in their said town. 

§ 16. [Defacing Guide-Board, etc.] For destroying or defacing 
any guide-board, post or mile-stone, or any notice or direction put up 
on any bridge or otherwise, the offender shall forfeit a sum not less 
than three dollars nor more than fifty dollars. 

§ 17. [Obstructing Roads — Penalty.] If any person shall injure 
or obstruct a public road by falling a tree or trees in, upon or across 
the same or by placing or leaving any other obstruction thereon, or 
encroaching upon the same with any fence, or b}^ plowing or digging 
anyditch or other opening thereon, or by turning a current of water 
so as to saturate or wash the same, or shall leave the cuttings of any 
hedge thereon, for more than five days, shall forfeit for every such 
offense a sum not less than three dollars nor more than ten dollars, and 
in case of placing any obstruction on the highway, an additional sum 
of not exceeding three dollars per day for every day he shall suffer 



ROADS AND BRIDGES. J^gg 



such obstruction to remain after he has been ordered to reniore the 
same by any of the Commissioners of Highways, complaint to be 
made by any person feeling himself aggrieved : Provided. This section 
shall not apply to any person who shall lawfully fall any tree for use, 
and will immediately remove the same out of the road, nor to any 
person through whose land a public road may pass, who shall desire 
to drain his land, and shall give due notice to the Commissioners of 
such intention : And provided further, That any Commissioners, after 
having given reasonable notice (to the owners) of the obstruction, or 
person so obstructing or plowing or digging ditches upon such road, 
may remove any such fence or other obstruction, fill up any such 
ditch or excavation, and recover the necessary cost of such removal 
from such owner or other person obstructing such road aforesaid, to be 
collected by said Commissioners before any justice of the peace having 
jurisdiction. 

§ 18. [Injuring or Obstructing Bridge, etc.] If any person 
shall purposely destroy or injure any sidewalk, public bridge, culvert 
or causeway, or remove any of the timber or plank thereof, or obstruct 
the same, he shall forfeit a sum not less than three nor more than one 
hundred dollars, and shall be liable for all damages occasioned thereby 
and all necessary costs for rebuilding or repairing the same. 

§ 19. [Suit to Recover Penalty.] All suits for the recovery of 
any fine or penalty under this act shall be brought in the name of the 
town in which the offense is committed, before any justice of the 
peace or police magistrate within the town, who shall have jurisdic- 
tion in such cases, to the extent of their jurisdiction in other cases ; 
and it shall be the duty of Commissioners of Highways to seasonably 
prosecute for all fines and penalties under this act ; but in case of a 
failure of said ofiicers to so prosecute, complaint may be made by any 
person : Provided, Said person shall before bringing said suit in the 
name of the town, give a bond for costs, as is provided for in the case 
of non-residents. 

§ 20. [Fines — How Disposed of.] All fines recovered under the 
provisions of this act, unless otherwise provided, shall be paid over to 
the Commissioners of Highways of the town where the offense is com- 
mitted, to be expended upon the roads and bridges in the town. 

§ 21. [Sidewalks and Shade Trees.] It shall be lawful for the 
owner or occupants of land bordering upon any public road, to build 
sidewalks not to exceed six feet in width, and to plant shade and 
ornamental trees along and in such road, at a distance not exceed- 
ing one-tenth of the legal width of the road from its margin ; and 
also to erect and maintain a fence, so long as shall be actually neces- 
sary for the purpose of raising a hedge on said margin, a distance of 
six feet from and within said marginal lines. 

§ 22. [Right to make Crossing.] Any person owning, using or 
occupying lands on both sides of any public highway, shall be en- 
titled to the privilege of making a crossing under said highway for 
the purpose of letting his cattle and other domestic animals cross said 
road : Provided, Said person shall erect at his own expense, a 
good and substantial bridge, with good railings on each side thereof, 
and build an embankment, of easy grade, on either side of said bridge ; 



284 ROADS AND BRIDGES. 



said bridge to be not less than eigbteen feet wide, and to be approved 
by tbe Commissioners of Highways of the town in which said bridge 
is built, and the same to be kept constantly in good repair, by the 
owner or occupant of said land, the construction subject always to 
the consent and approval of the Commissioners of Highways of said 
town: And provided^ further, That in case such crossing is made on 
anj^ water-way or natural channel for water and where a culvert or 
bridge is maintained as required for road purposes, said owners or oc- 
cupants shall not be required to pay for or construct any more of said 
crossing than the additional cost of such crossing over and above the 
necessary cost of a suitable culvert or bridge for road purposes at such 
place. 

§ 23. [When Owner may Connect Fence, Bridge, etc.] And 
where any bridge on a public road is constructed over a stream or 
body of water, where the depth or current of water, or the nature of 
of the bank or banks of such stream or body of water is such as to ren- 
der a fence on the marginal line of the public road impracticable, or 
very expensive to construct and keep in repair, the owner of the land 
bordering on the public road shall have the right to connect the road 
fence on either or both banks of the stream or body of water, to said 
bridge or any pier or abutment thereof, or to any embankment or tim- 
ber approach to said bridge : Provided, That no necessary ford across 
said stream or body of water shall be permanently obstructed thereby : 
And provided, further, That any such connecting fence shall be con- 
structed by the consent and under the direction of the Commissioners 
of Highways of the town in which the bridge may be located. 

§ 24. [Width of Koads.] All public highways laid out by order 
of the Commissioners of Highways, or Supervisors, on appeal, shall 
be not less than fifty feet wide nor more than sixty feet wide : Pro- 
vided, The Commissioners may lay out roads not less than forty feet 
wide nor more than sixty feet wide, when so praj^ed for by the peti- 
tioners, if such road does not exceed two miles in length : And pro- 
vided, further. That all public roads shall be opened within five years 
from the date of the filing of the order laying out the same, or be 
deemed vacated. 

§ 25. [Notice Against Fast Driving on Bridge.] The Commis- 
sioners of Highways of each town may, when the}' shall deem it 
advisable, put up and maintain, in conspicuous places, at each end of 
any bridge of such town, maintained at the public charge, a notice 
with the following words, in large characters : Five dollars fine for 
riding or driving on this bridge faster than a Avalk. 

§ 26. [Penalty for Fast Driving on Bridge.] AYhoever shall 
ride or drive faster than a walk, over any bridge upon which notice 
shall have been placed, and shall then be, shall be guilty of a misde- 
meanor, and, upon conviction, shall be fined for any such offense the 
sum of five dollars, ($5.00.) 

§ 27. (Ditches.) The Commissioners of Highwa3"S of the several 
towns are hereby authorized to enter upon any land adjacent to any 
highway in their town for the purpose of opening any ditch, drain, 
necessar}^ sluice or water course, whenever it shall be necessary to 
open a water course from any highway to the natural water 



EOADS AXD BRIDGES. ][35 



courses, and to dig, open and clean ditches upon said land for the 
purpose of carrying off the water from said highAvays, or to drain any 
slough or pond on said highway : Provided, That unless the owner 
of such land or his agent shall first consent to the cutting of such 
ditches, the Commissioners shall apply to any Justice of the Peace 
in the county in which such road is situated, for a summons directed 
to any constable of said count}', commanding him to summon the said 
owner to appear before the said justice, at a time and place specified 
in such summons, not less than five nor more than fifteen days from 
the date thereof, for the purpose of having the damage assessed, 
which such owner may sustain by reason of the digging or opening 
of such ditches or drains. The said summons shall be under the hand 
of such justice, and be served in the same manner as a summons is 
now served in civil actions before justices of the i^eace. On the re- 
turn of such summons, a venire shall be issued for a jury, as in other 
cases in the trial of civil actions before justices of the peace, which 
jur}^ shall assess such damages and render a verdict therefor, which 
shall be final and conclusive, of the amount of damages sustained by 
such person, and the amount so awarded shall be audited, levied and 
collected in the same manner provided in Section 14, Article 17, of 
the township organization law, and the Commissioners of Highways 
shall be warranted, and are hereby empowered to enter such lands 
and dig, open, and clean such drains, ditches and water courses as 
aforesaid for the purposes contemplated in this act, and are further 
authorized to use and employ the road labor and money of their town 
for such purposes : Provided, That in case the owner of said lands is a 
non-resident service may be had by leaving a copy with the occu- 
pant or agent, or by notice in the same manner as prescribed in sec- 
tion 41 of this act. 

§ 28. [Altering, Widening, Vacating and Laying Out Roads.] 
The Commissioners of Highways may alter, widen or vacate any road, 
or lay out any new road in their respective towns, when petitioned 
by any number of freeholders, not less than twelve, residing within 
three miles of the road so to be altered, widened, vacated or laid out. 

§ 29. [Petition.] Said petition shall set forth in writing, a de- 
scription of the road, and what part thereof is to be altered, widened 
or vacated, and if for a new road, the names of the owners of lands, if 
known, and if not known it shall be so stated, over which the road is 
to pass, the points at or near which it is to commence, its general 
course, and the place at or near where it is to terminate. 

§ 30. [Posting Copy of Petition — Proof.] Whenever any such 
number of freeholders determine to petition the Commissioners of 
Highways for the alteration, Avidening or vacation of any road, or 
laying out any new road, they shall cause a copy of this petition to 
be posted up in three of the most public places in the town in the 
vicinity of the road to be laid out, altered, widened or vacated, at 
least tAventy clays before any action shall be had in reference to such 
petition. The posting of any notice required by this act may be 
proved by the affidavit of the person posting the same, or by other 
legal evidence. 

§ 31. [Time of Meeting to Exaaiine to be Fixed — Notice.] 
Whenever the Commissioners of HiodiAvavs shall receive auA' such 



2 §6 ROADS AND BRIDGES. 



petition with the proof of the posting of copies, as in the next preced- 
ing section specified, they shall fix upon a time when and where they 
will meet to examine the route of such road, and to hear reasons for 
or against the altering, widening, vacating or laying out the same, 
which meeting shall be within twenty days after the expiration of 
the twenty days rec{uired for the posting of the copies of the petition 
in the next preceding section, and they shall give at least ten days' 
notice of the time and place of such meeting, by posting up notices 
in three of the most public places in the toAvnship, in the vicinity of 
the road to be widened, altered or vacated. 

§ 32. [Adjournment — Decision — Proceedings Thereon.] The 
Commissioners may, by public announcement, and by the posting of 
a notice at the time and place named for the first meeting, adjourn the 
meeting from time to time, but not for a longer period than twenty 
days in all; and shall, at the first or such adjourned meeting, within 
said twenty days, decide and publicly announce whether they will 
grant or refuse the prayer of the petition, and shall indorse upon or 
annex to the petition a brief memorandum of such decision, to be 
signed by the Commissioners. Such decision shall be subject to revo- 
cation, in case the prayer of the petition is granted, in the manner 
hereinafter provided. In case the Commissioners refuse to grant the 
prayer of the petition, they shall, within ten days thereafter, file the 
same, so indorsed or with such decision annexed thereto, in the ofl[ice 
of the Town Clerk. 

§ 33. [In Case of Vacation of Road.] If the petition is simply 
for the vacation of a road, and the Commissioners of Highways, or a 
majority of them, shall, at such meeting decide that the prayer of the 
petioners should be granted, they shall order such road to be vacated, 
— a copy of which order, together with the petition, shall be by them 
filed with the Town Clerk, such order to be so filed within ten days 
after the date of such decision. 

§ 34. [When for Laying Out, Altering, or Widening Road.] If 
such petition is for the establishment of a new road, or the alteration 
or widening of an existing road, and the Commissioners of Highways 
or a majority of them, shall be of the opinion that the prayer of the 
petitioners should be granted, they shall cause a survey and plat of 
such road to be made by a competent surveyor, who shall report such 
survey and plat to said Commissioners, giving the courses and dis- 
tances, and specifying the land over which said road is to pass — in 
which they may make such changes between the termini of the road 
described in the petition as the convenience and interest of the 
public, in their judgment, may require. 

§ 35. [Damages to be Ascertained.] The}^ shall [al]so before 
they order any road to be established, altered, widened or vacated, 
ascertain as hereinafter provided, the aggregate amount of damages 
which the owner or owners of land over which the road is to pass 
shall be entitled to, by reason of the location, alteration or vacation of 
such road : Provided, however, that in case an appeal is taken from the 
assessment of damages before the Justice of the Peace, the Commis- 
sioners may in their discretion, make an order laying uut, widening, 
altering or vacating such road, either before or after such appeal is 
determined, in the manner hereinafter provided. 



ROADS AXD BRIDGES. ^87 



§ 36. [Damages may be Agreed Upon.] The damages sustained 
%}*, tbe'*W'Mr or c^raiei^ of .tl:i>o ,lan4« b^^reason of the establishment, 
alteration, widening or vacation of any road, may be agre6<!i'upoii b}' 
the owners of such lands, if competent to contract, and the Commis- 
sioners of Highways, or they may be released by such owners — in 
which case the agreement or release shall be in writing, and shall be 
filed and recorded with the copy of the order establishing or altering 
such road, in the Town Clerk's office and shall be a perpetual bar 
against such owners, their grantees and assigns, for all further claims 
for such damages. 

§ 37. [Summoning Jury to Assess Damages.] In case such dam- 
ages are not released or agreed upon as in the preceding section speci- 
fied, the Commissioners of Highways shall within twenty days 
from the date of the meeting at which it was decided to grant the 
prayer of the petition, make a certificate that they are about to estab- 
lish, widen, vacate or alter a public road describing such road, vaca- 
tion, widening or alteration, and the land over or on which such road 
is to be established, altered, widened or vacated, and naming the 
owners of such lands, if known, and if not known stating the fact, and 
asking for a jury to assess the damages of such owners, and shall pre- 
sent such certificate to some Justice of the peace of the county, who 
shall summon a jury of twelve persons, having the qualifications 
of jurors, the same as other juries are summoned in civil actions be- 
fore Justices of the Peace^ to appear before such Justice of the Peace 
at a time to be fixed by him, within ten days from the time such cer- 
tificate was presented to him, to assess such damages. 

§ 38. [Notice to Owners.] The Commissioners of Highways, 
shall also notify each and every owner of land — if known and a resi- 
dent of the county — whose damages are to be assessed, that they will 
apply to some Justice of the Peace of the county (giving the time 
when and the place where) to have a jury impaneled to assess such 
damages. 

§ 39. [Summoning Jury to Assess Damages.] Upon the presen- 
tation of such certificate by the Commissioners of Highways, the Jus- 
tices of the Peace shall forthwith issue a venire directed to any 
constable of the county to summons twelve persons having the 
qualifications of jurors to ajDpear at such time and place as may be 
designated for the trial of such cause, whose competency shall be de- 
termined the same as in other civil cases before Justices of the Peace. 

§ 40. [Challenge of Jury.] At the trial of the case either party 
shall have the right of challenge as in other cases; and any deficiency 
in the number of jurors from whatever cause, shall be supplied by 
summoning other persons residing in the township, or in an adjoining 
township, in the same manner as in a civil case. Such Justice of the 
Peace shall notify the owners of such land mentioned in such certifi- 
cate to appear at the same time before such Justice to prove their 
damages. 

§ 41. [Notice to Unknow^n Owners.] In case it shall appear 
either from the certificate of the Commissioners, the affidavit of any 
person, or the return of any officer to whom the notice may be deliv- 
ered for service that there are non-resident or unknown owner or own- 



][§g ROADS AND BRIDGES. 



ers who cannot be found and served within the county, such Justice 
shall also cause notice to be posted in three of the most public places 
in the vicinity of such proposed road or alteration, at least six days 
before the time fixed for the appearance of such jury, stating when 
such jury is to be empaneled by him, and describing the road to be 
established, altered, widened, or vacated as petitioned for, and the 
lands for which damages are to be assessed. 

§ 42. [Service of Notice] The notice to such owners of land 
may be served by any constable at least five days before the time 
of appearance. If any such owner is an infant, such summons shall 
be served by delivering a copy to the infant, or its guardian, if any; 
if no guardian, the person with whom he or she resides. If any owner 
is a lunatic or habitual drunkard, having a conservator, or insane, by 
delivering a copy to his conservator if any ; if any such owner is a 
married woman, by delivering a cop3^ lo her. 

§ 43. [Oath of Jury — Trial.] The jury shall appear before and 
be sworn or affirmed by such justice faithfully and impartially to as- 
sess the damage of each of the owners specified in such certificate, or 
those of them whose claims are then to be adjusted, according to law 
to the best of their judgment and understanding ; and all parties in 
interest shall be entitled to subpoenas and other writs and papers, 
and the trial shall be conducted as in other civil cases. 

§ 44. [Trial — Judgment.] The jury shall hear such lawful evi- 
dence touching the question of such damages as may be presented to 
them ; and shall also, on request of a majority of the Road Commis- 
sioners or owners of lands whose damages are to be determined, in a 
body visit and examine the proposed location, alteration, widening or 
vacation of such road, and the lands to be taken and affected thereby, 
and make a written verdict specif3'ing the amount of damages if any, 
which each such owner shall recover, and return the same to such 
Justice, to be by him entered on his docket in the nature of a judg- 
ment, to be paid by such Commissioners, together with the costs of 
such suit, in case they shall finally determine to establish, alter widen 
or vacate such road ; and the money therefor shall be paid by the town, 
out of the funds in the hands of the Treasurer of the Commissioners 
of Highways, raised for road and bridge purposes : Provided, That in es- 
timating tiie damages, the jury may consider the benefits conferred 
or raa}^ disregard such benefits ; but no benefits enjoyed in common by 
the owners of surrounding property shall be considered in estimating 
■damages. 

§ 45. [Separate Trials — Continuance.] Provided, That when 
there are several such owners the jury may assess the damages, of one 
or more or all of them at the same time, or they may assess such dam- 
ages at different times, or there may be different juries and trials at 
•different times for different owners if any owner shall demand a sep- 
arate trial ; and any such assessment of damages may be continued 
from time to time for good cause, with the like effect as continuances 
in other cases before Justices of the Peace. 

§ 46. [Final Decision OF Commissioners — Notice.] Within thirty 
days after the total amount of damages shall have been ascertained, 
either by release or agreement of the parties, or by assessment before 



ROADS AND BRIDGES. lg<^ 



a Justice of the Peace and a jury, in the manner hereinbefore pro- 
vided, the Commissioners shall hold a meeting to finallj^ determine 
upon the laying out, altering, widening or vacation of such road, of 
which meeting said Commissioners shall give public notice, by caus- 
ing not less than three notices thereof to be posted in public places 
within the town, at least five days prior thereto. 

§ 47. [Commissioners may Revoke Proceedings.] In cases where 
the damages are not wholly released or agreed upon, and the Commis- 
sioners shall be of the opinion that the damages assessed by the jury 
are manifestly too high and that the payment of the same would bo 
an unreasonable burden upon the tax-paj^ers of the town, the Com- 
missioners may revoke all proceedings had upon the petition by a 
written order to that effect ; and such revocation shall have the effect 
to annul all such proceedings and assessments, releases and agree- 
ments, in respect to damages growing out of the proceedings, upon the 
petition : Provided, Upon the final determination of the Commissioners 
of Highways, or the Supervisors, upon appeal being determined, and 
a copy of all such proceedings being filed in the town clerk's office, no 
other proceeding, shall be had by the Commissioners of Highways, nor 
any petition entertained in regard to the same road or petition for one 
year from the date of filing such copies of proceedings. 

§ 48. [When Commissioners do not Revoke Proceedings.] In case 
the Commissioners shall not revoke such prior proceedings they shall 
make an order, to be signed by them declaring such road so altered,, 
widened or laid out a public highway, and. which order shall contain 
or have annexed thereto a definite description of the line of such road, 
together with a plat thereof. The Commissioners shall within ten 
days from the date of such order, cause the same together with the re- 
port of the survej'or, the petition and releases or agreements in respect 
to damages, to be deposited and filed in the office of the Town Clerk,, 
who shall note upon such order the date of such filing. It shall be 
the duty of such Clerk, after the time for appeal to Supervisors has 
expired, and in the case of such appeal, after the same shall have 
been determined, in case the prayer of the petition is granted, to re- 
cord such order, together with the plat of the surveyor, in a proper 
book to be kept for that purpose. 

§ 49. [When Damages Released or Agreed Upon.] In cases 
where the damages claimed by the land-owners for the right of way is 
released, or is agreed upon between the land-owners and Commis- 
sioners, the Commissioners may, at their first meeting or at any ad- 
journed meeting, examine the route of the road, and cause a survey 
thereof to be made, and make their order establishing, altering, widen- 
ing or vacating the road, according to the prayer of the petition, and 
return the same within the time and in the manner specified in this 
act. 

§ 50. [Inducements may be Offered.] Any person or persons 
interested in the establishment, alteration, widening or vacation ©f 
any road in this State, are hereby authorized to offer inducements to 
the Commissioners of Highways for the establishment, alteration, 
widening or vacation of any such road, by entering into contract 
with said Commissioners, conditioned upon such establishment,. 
alteration widening or vacatirg, to pay money or other valuable 



;[t)0 ROADS AND BRIDGES. 



thing to the town for the benefit of the road and bridge funds of the 
same ; or to perform any labor, or to construct any road, bridge or cul- 
vert on any road with [which] said person or persons desire to have 
established, widened or altered. And such contracts, in writing, made 
with said Commissioners, shall be deemed good and valid in law, and 
may be enforced by said Commissioners or their successors in office, 
before any court having jurisdiction. 

§ 51. [Town Clerk's Record, etc. — Evidence — Effect of Same.] 
The records of the Town Clerk, or a certified copy of such record and 
papers, relating to the establishment, location, alteration, widening 
or vacation of any road, shall he prima facie evidence in all cases that 
all the necessary antecedent provisions had been complied with, and 
that the action of the Commissioners of Highways, or other persons 
and officers in regard thereto, were regular in all respects. 

§ 52. [Private Roads.] Roads for private and public use, of the 
width of three rods or less, may be laid out from one dwelling or plan- 
tation of an individual to any public road, or from one public road to 
another, or from one lot of land to another, or from a lot of land to 
the highway, on petition to the Commissioners of Highways b}"" any 
person directly interested. The Commissioners, on receiving such 
petition, shall have power to lay out the road as asked for therein, to 
which end they shall proceed and examine into the merits of the case, 
and shall be governed in their proceedings by the rules and reg- 
ulations prescribed in this act in relation to public roads. The jury 
shall consider the damages that may result to parties from said pro- 
posed road, and shall assess the damages to each individual owner of 
lands affected thereby. The amount of such damages shall be paid 
by the persons benefited thereby to the extent and in proportion that 
they are benefited, to be determined and declared by the jury. The 
remainder of the amount of damages over and above that to be paid 
by the parties as aforesaid, shall be paid by the land as in other cases. 
The amount of damages to be paid by individuals shall be paid to 
the parties entitled thereto before the road shall be opened for use. 
An appeal may be taken on the question of the propriety and neces- 
sity of such road as in other cases. 

§ 53. [Limitation on Time to Open.] If such private road or 
cartway shall not be opened by the petitioners or other assigns within 
two years from the time of making the order for the location of the 
same, such order shall be regarded as rescinded. 

§54. [Crops — Fences.] When such private road or cartway is pro- 
posed to pass over inclosed lands the owners of such lands shall have 
a reasonable time, not exceeding eight months, to be designated by 
the Commissioners of Highwavs, to harvest crops and remove fences 
"which may be on such lands before such road or cartway shall be 
opened. 

§ 55. [Payment for Work on Private Roads.] The Commissioners 
of Highways may, in their discretion, pay persons who live on or have 
private roads which are used by the public, for work done on such 
roads ; but in no case shall they be allowed more than the amount of 
their road tax for the year in which the work is done. 

§ 56. [Roads on Town and County Lines.] Public roads may be 



ROADS AND BRIDGES. 19^ 



established, altered, widened or vacated on township or county lines, or 
from one township into another, in the same manner as other public 
roads except that in such case a copy of the petition shall be posted 
up in and presented to the Commissioners of Highways of each town 
interested, said petition to be as in other cases, and signed by not less 
than twelve freeholders residing in either county within three miles 
of the road so to be altered, widened, located or laid out ; whereupon it 
shall be the duty of the Commissioners of Highways of the several 
towns to meet and act as one body, in the same time and manner as 
in other cases, in considering the petition, viewing the premises, 
adjusting damages and making all orders in reference to such proposed 
road alteration, widening or vacation, and a majority of all such 
Commissioners must concur in all such orders ; and a copy of all final 
orders and plats and papers shall be filed and recorded in each of the 
counties and towns interested. 

§ 57. [Commissioners May Allot to Each Town Part or Road.] 
The Commissioners of Highways shall also, in case a new road is 
established allot to each of such towns the part of such road which 
each of such towns shall open and keep in repair, avd the part so 
allotted shall be considered as wholly belonging to such town. They 
shall also divide the expenses and damages which may accrue from 
such location, widening or alteration, and if they cannot agree, they 
shall refer the matter to three disinterested freeholders, as arbitrators, 
whose decision shall be final. 

§ 58. [Appeal.] Any person or persons interested in the decision 
of the Commissioners of Highways in determining to or in refusing 
to lay out, alter, widen or vacate any road or revoking any previous 
order or decision relative to any road, or from the verdict of any jury 
in assessing damages in opening, altering or vacating an}^ road, may 
appeal from such decision to three Supervisors of the county, outside 
of the town in which such road or proposed road is located, by giving 
a written notice of such appeal to said Commissioners of Highways 
and to at least three of the petitioners within ten days after such de- 
cision has been filed in the office of the proper clerk ; and shall also 
present a written petition to some justice of the peace of the county, 
asking for an appeal, and stating on what grounds such appeal is 
taken. 

§ 59. [Trial of Appeal — Power of the Supervisors — Appeal 
to.] It shall be the duty of the justice of the peace to cause to be 
summoned three supervisors of the county to hear such appeal; and 
said supervisors shall fix upon a time and place when said appeal will 
be heard by them; and the person or persons appealing shall at least 
three days before such trial, give a written notice to the said Commis- 
sioners of Highways and to at least three of the petitioners of the 
time and place of said trial; and upon such appeal the said supervi- 
sors shall have the same power and authority that is by this act con- 
ferred on the Commissioners of Highways, not only in regard to the 
laying out, altering, widening or vacating any road, but shall have 
the same power to cause a jury to be called to assess damages, when- 
ever the state of the proceedings require it, and the supervisors can- 
not agree with the owners of the land in regard to the same. 

§ 60. [Pveport OF Decision — Compensation — Effect of Decision.] 



292 ROADS AND BRIDGES. 



And they shall make a report of their proceedings and decision in the 
case, and in like manner that is by this act required by the Highway 
Commissioners, and shall be entitled to two dollars and fifty cents per 
day; and their decision shall be final in regard to laying out, altering, 
widening or vacating such road, or in refusing to do the same, for one 
year after such decision. 

§ 61. [Costs of Appeal.] Any parties taking an appeal from the 
award of the decision of the Highway Commissioners, or the verdict 
of the jury, shall pay the cost of such appeal, in case the award of the 
decision of the Highway Commissioners, or the verdict of a jury is 
in all things sustained; and shall fine [file] a sufficient bond with the 
justice of the peace or town clerk before taking such appeal, guaran- 
teeing such payment in such case. 

§ 62. [A Majority May Decide.] The decision of a majority of 
the Supervisors in any appeal case shall be taken as the decision of 
said Supervisors. 

§ 63. [Appeal where Road is on Town or County Line.] When 
the Commissioners of Highways of one town disagree with the Com- 
missioners of Highways of an adjoining town, in regard to the laying 
out of a new road, or the alteration, widening or vacation of an old 
road on any county or town line, appeals may be taken from such de- 
cision in the same manner as set forth in section 58 of this act : Pro- 
vided, That when such decision is in regard to a road on a county line, 
two Supervisors and one Commissioner of Highways shall be selected 
from one county and two Commissioners of Highways and one Super- 
visor shall be selected from the other. The county from which the 
two Supervisors shall be selected shall be determined by tbe party or 
parties taking the appeal, and the Justice of the Peace shall issue his 
summons accordingly. 

§ 64. [Town and County Line Roads — How Allotted, etc. — 
What Deemed Such.] All roads heretofore laid out upon town or 
county lines, shall be clivided, allotted and kept in repair in the man- 
ner as hereinbefore directed. Any public road that is or shall here- 
after be laid out on a county or town line shall be held to be a road on 
a county or town line, although, owing to the topography of the 
ground along said county or town line, or at the crossing of any stream 
of water, the proper authorities, in establishing or locating such road 
may have located a portion of the same to one side of such county or 
town line. 

§ 65. [State Line Roads.] Roads may be laid out and opened 
upon the line between this and any adjoining State, as provided in 
the preceding sections, whenever the laws of such adjoining State 
shall be applicable. 

§ 66. [Town and County Line Bridges.] Bridges over streams 
which divide towns or counties, and bridges over streams on roads on 
county or town lines, shall be built and repaired at the equal expense 
of such towns or counties : Provided, That for the building and main- 
taining of bridges over streams near county or town lines, in which 
. both are equally interested, the expense of building and maintaining 
any such bridges shall be borne equally by both counties or towns. 

§ 67. [Contracts in Reference to Such Bridges.] For the pur- 



ROADS AND BRIDGES-". ^93 



pose of building or keeping in repair such bridge or bridges, it shall 
be lawful for the Commissioners of Highways of such adjoining towns 
or counties to enter into joint contracts, and such contracts may be en- 
forced in law or equity, against such Commissioners jointly, the same 
as if entered into by individuals, and such Commissioners may be pro- 
ceeded against, jointly, by any parties interested in such bridge or 
bridges, for any neglect of duty in reference to such bridge or bridges, 
or for any damages growing out of such neglect. 

§ 68. [Enforcement of such Contracts.] If the Commissioners 
of Highways of either of such towns, after reasonable notice in writing 
from the Commissioners of Highways of any other such towns, shall 
neglect or refuse to build or repair any such bridge when any contract 
or agreement has been made in regard to the same, it shall be lawful 
for the Commissioners so giving notice to build or repair the same and 
to recover, by suit, one-half [or such amount as shall have been agreed 
upon] of the expense of so building or repairing such bridge, with 
costs of suit and interest from the time of the completion thereof, from 
the Commissioners so neglecting or refusing. 

§ 69. [Effect of Judgment on Such Contract.] Any judgment 
so recovered against the Commissioners of Highways of either of such 
towns, shall be a charge on such town, unless the court shall certify 
that the neglect of [or] refusal of such Commissioners was wilful or 
malicious, in which case only such Commissioners shall be personally 
liable for such judgment, and the same may be enforced against them 
in their personal and individual capacity. 

§ 70. [County Aid to Build Bridge.] When it shall be necessary 
to build, construct or repair any bridge or road in any town, which 
would be an unreasonable burden to the same, the cost of which will 
be more than can be raised in one year by ordinary road taxes in such 
town, the Commissioners of Highways, shall present a petition to the 
County Board of the county in which such town is situated, praying 
for an appropriation from the county treasury to aid in the building, 
constructing and repairing of such bridge or road, and such County 
Board shall when one-half the necessary funds have been provided 
for by the town authorities appropriate the other half: Provided, That 
all unexpended surplus of any appropriation that may be granted 
tinder the provisions of this section shall be paid back into the county 
treasury. 

§ 71. [Vote to Borrow Money to Build Bridge — Bonds.] When 
it shall be necessary to build a bridge in any town which would re- 
quire a larger sum of money to complete than is authorized to be 
raised by taxation under the constitution upon a single year's assess- 
ment, the Commissioners of Highways shall petition the Supervisor 
of the town to call a special town meeting to vote on the proposition 
" to borrow money to build a bridge" which said petition shall be 
signed by said Commissioners in their official capacity and by at least 
twenty-five freeholders of such town, and thereupon such petition 
shall be filed in the office of the Town Clerk of such town. Upon the 
filing of said petition, the Supervisor shall order the Town Clerk, by 
an instrument in writing to be signed by him to post up in four of 
the most public places in said town, notices of such special town 
o 



-^24: ROADS AND BRIDGES. 



meeting ; which notice shall state the object, time and place of meet- 
ing, and the manner in which the voting is to be had, which shall 
invariably be, by ballot, and shall be " to borrow money to build a 
bridge," when the voter desires to vote in favor of that proposition, 
and " against the proposition to borrow money to build a bridge," 
when the voter desires to vote against said proposition. The special 
town meeting shall be held and returns thereof made in the same 
naanner as other special town meetings are now or may hereafter be 
provided by law; and if it shall appear that a majority of the legal 
voters voting at said election shall be in favor of said proposition, the 
Supervisor and Town Clerk, acting under the direction of the Com- 
missioners of Highways of said town, shall issue from time to time, 
as the work progresses, a sufficient amount in the aggregate of the 
bonds of said town for the purpose of building such bridge; said 
bonds to be of such denominations, bear such rate of interest, not ex- 
ceeding ten per cent., upon such time, and be disposed of as the 
necessities and conveniences of said town officers require: Provided, 
That said bonds shall not be sold or disposed of for less than their par 
value, and such town shall provide for the payment of such bonds and 
the interest thereon by appropriate taxation. 

§72. [Re-survey AND Plat OF Road.] Upon the petition of twelve 
freeholders, it shall be the duty of the Commissioners of Highways of 
each town within a reasonable time, to employ a competent surveyor 
and have any road or roads designated in such petition in their seve- 
ral towns re-surveyed, and plats thereof made, which plats and surveys 
shall be by them filed for record in the office of the Town Clerk : Pro- 
vided, That this section shall not apply where the same has beea 
already done, unless the exact location of such road is uncertain. 

§ 73. [New Road not to Vacate Old Road Unless, etc.] The 
establishment of a new road on the route of a road already established 
according to law, shall not vacate the road previously established, 
unless such vacation is prayed for in the petition, and so declared in 
the order establishing the new road. 

§ 74. [Contracts for Bridges.] The Commissioners of Highways 
of the several towns are hereby authorized to contract for the construc- 
tion and repairing of roads, the building and repairing of bridges, in 
their respective towns, and they shall let such contracts by a public 
letting, on the first Monday of May A. D. 1878, and on the first Mon- 
day of May in each and every year thereafter, to the lowest responsible 
bidder, upon proper notice being given by posting copies of such no- 
tices in at least ten public places in their town, not less than ten 
days before the time of such public letting : Provided, The notices 
shall specify the amount and kind of work to be done, and the time 
in which it shall be completed : Provided, This section shall not be 
construed so as to prevent the letting of any contract at any other 
time than the first Monday in May, when necessity'requires it, or if the 
Commississioners of Highways deem it to be to the interest of their 
town, they may, to an amount not exceeding twenty-five dollars, pri- 
vately contract with persons as they deem best for putting and 
keeping roads and bridges in repair, but in no case shall such contracts 
exonerate such Commissioneis from liabilit}'' for failure to keep such 
roads and bridges in repair : Provided, The legal voters of any town- 



ROADS AND BRIDGES. I95 



ship in the State in counties where township organization, has been, 
or may hereafter be adopted, may b}^ a majority vote by ballot at their 
annual town meeting provide that the road tax assessed by the Com- 
missioners of Highways under the provisions of this act may be paid 
in labor under such rules and regulations as said Highway Commis- 
sioners may adopt. 

§75. [May Reject ALL Bids.] At such public letting, as provided 
for in the preceding section, the Commissioners of Highways shall 
have the right to reject any and all bids if they deem it to the best 
interests of the town, and no contract shall be considered as let unless 
the contractor shall, within ten days after the letting enter into con- 
tract and file a bond with two good and sufficient sureties with the 
Commissioners in the penal sum of double the value of the amount of 
the contract, payable to the Commissioners of Highways of the 
town, upon failure to comply with the conditions of his or their con- 
tract. 

§ 76. [Contracts — How Made Payable.] All contracts for the 
building or opening of any road, building or repairing of any bridge 
shall be made payable as soon as the same is accepted by a majority of 
the Commissioners of Highways, and it is hereby made the duty of the 
Clerk of the Board of Commissioners to draw his order on the Treas- 
urer for the amount of such contract, which order shall be counter- 
signed by the general overseer of highways. All contracts for the 
keeping of roads in repair during one year are hereby made payable 
quarterly, upon the presentation by the contractor to the Clerk of the 
Board of Commissioners, the certificate of the general township over- 
seer of highway's, that the road or section embraced in the contract 
has been by him inspected, that the same is in good repair, and that 
the contractor has complied with all the requirements of his con- 
tract. 

§ 77. [Orders Received FOR Taxes.] /'?-oyzffed, That the collector 
of taxes shall receive from any tax-payer in payment of said tax- 
payer's road and bridge tax, any order of the Commissioners of High- 
ways on their Treasurer, for work done on or material furnished, for 
the construction or repairs of the highways or bridges, in any sum not 
to exceed the amount of such person's road and bridge tax then due. 

§ 78. [Removal of Fences.] Whenever a public road is ordered 
to be established or altered, according to the provisions of this act, 
which road shall pass through or on inclosed land, the Commissioners 
of Highways shall give the owner or occupant of such land sixty days' 
notice in writing to remove his fences. If such owner or occupant 
does not remove his fence within sixty days after such notice, the 
Commissioners shall cause the same to be removed, and direct the 
road to be opened and worked ; and such owner shall forfeit to 
such Commissioners the sum of one dollar for every day he shall 
permit his fence to remain after the expiration of said sixty days, 
and shall pay all necessary cost of removal, to be collected by said 
Commissioners before any Justice of the Peace having jurisdiction. 

§ 79. [Compensation op Commissioners.] The Commissioners of 
Highways shall receive for their services the sum of one dollar and fifty 
cents per day for each day necessarily employed in the performance 



196 ROADS AND BRIDGES. 



of their duties, the same to be audited by the Town Auditors, and paid 
out of the town funds. 

§ 80. [Road to be OpE^JED in Five Years.] All highways laid 
out by order of the Commissioners or Supervisors, on appeal, shall be 
opened within five years from the time of layinaj out the same. If 
not opened within the time aforesaid, the same shall be deemed to be 
vacated. 

§ 81. [Tax of Town or Village, etc. — How Paid — How Ex- 
tended.] First — The Commissioners of Highways of each town shall 
annually ascertain as near as practicable how much money must be 
raised by tax on real and personal property for the making and re- 
pairing of roads, only, to any amount they may deem necessary, not 
exceeding forty cents on each one hundred dollars' ■worth as valued 
on the assessment roll of the previous year, and certify the same as 
hereinafter provided : Provided, That the tax on the property, levied 
for road purposes, lying within an incorporated village, town or city, 
in which the streets and alleys are under the care of the corporation, 
shall be paid over to the treasurer of such village, town or city to be 
appropriated to the improvement of roads, streets and bridges, either 
within or without said village, town or city and within the township, 
under the direction of the corporate authorities of such village, town 
or city ; Provided further, that when any of said tax is expended be- 
yond the limits of said village, town or city, it shall be with the 
consent of the road commissioners of the township. 

Second — They shall annually ascertain, as near as practicable, how 
much money must be raised by tax on real and personal property, for 
the making and repairing of bridges, the payment of damages, by 
reason of the opening, altering and laying out of new roads, the pur- 
chase of the necessary tools, implements and machinery for working 
roads ; the purchase of the necessary materials for the building or re- 
pairing of roads and bridges during the ensuing year; and for the pay- 
ment of any outstanding orders drawn by the commissioners on their 
treasurer, and shall levy a tax on all the real and personal property in 
Baid town not exceeding forty [40] cents on the one hundred dollars 
[$100]. And they shall give to the supervisor of the township, and 
m Cook county to the county board, a statement of the amount as 
hereinbefore provided for, necessary to be raised, signed by said com- 
missioners or a majority of them, on or before the Tuesday next pre- 
ceding the annual September meethig of the board of supervisors, or 
the county board of Cook county, who shall cause to be submitted to 
said board for their action at such September meeting of said board, 
and said board shall cause the same to be extended on the tax books. 

§ 82. [Tax to be Extended in Separate Columns.] According 
to the amount certified as aforesaid, the County Clerk, "when making 
out the tax books for State and county taxes for the collector, shall 
extend the necessary tax in a separate column against each tax- 
payer's name, or taxable property, as other taxes are extended, which 
shall be collected the same as State and county taxes. 

§ 83. [Certificate op Tax Levied.] It shall be the duty of the 
County Clerk to make out and deliver, on demand, to the Treasurer of 
the Commissioners of Highways a certificate of the aggregate amount 
of tax so levied and placed upon the tax books. 



ROADS AND BRIDGES. I^f 



§ 84. [To Whom Tax Paid When Collected.] The tax so col- 
lected shall be paid to the Treasurer of the Commissioners of High- 
ways, (except as provided in the first clause of section 81 of this act) by 
the collector as fast as the same is collected, except such rate percent, 
as shall be allowed for collecting the same. 

§ 85. [List of Tax Payers to be Furnished Clerk.] The Com- 
missioners of Highways shall furnish to the Clerk of the County Court, 
previous to the first day of October in eacli year, a list of tax-payers 
(alphabetically arranged) of each township. 

§ 86. [How Tax to be Used.] Any tax or moneys collected by the 
township, or county collector of the various counties for road and bridge 
purposes under the provisions of an act entitled '' An act in regard to 
roads and bridges," approved April 10, 1872, shall be paid by said col- 
lectors to the Treasurer of Commissioners, of Highways. Said money 
shall be used by said Commissioners in improving the roads and bridges 
in their respective towns. 

§ 87. [Penalty for Neglect of Duty.] If the Commissioners of 
Highways shall refuse or neglect to perform any of the duties en- 
joined on them by this act, they shall severally forfeit not less than 
ten dollars nor more than fifty dollars, and may be proceeded against, 
severally or jointly, for the recovery of such forfeiture before any Jus- 
tice of the Peace in the proper county having jurisdiction. 

§ 88 [Saving Clause.] That an act entitled" An act in regard to 
roads and bridges," approved April 10, 1872, and in force August 15, 
1872, so far as the same relates to counties under township organiza- 
tion, and also all other acts and parts of acts inconsistent herewith, 
be and the same are hereby repealed : Provided, That the repeal of 
said act shall not affect any suit or proceeding pending, or impair any 
right existing, at the time this act shall take effect. 

§ 89. [Repeal.] That any act or part of act inconsistent wdth this 
act, be and the same is hereby repealed. 

Approved May 26, 1877. 



private roads and cartways. 

g 16. Private Roads and Cartways. 

An Act to amend section sixteen (16) of an act in regard to gateways, roads 
and bridges in counties not under totvnship organization, approved and in 
force April 18, 1873. Approved May 25, 1877. In force July 1, 1877. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That section sixteen (16) of an act 
in regard to gateways, roads and bridges in counties not under town- 
ship organization approved and in force April 18, 1873, be so amended 
as to read as follows : 

§ 16. [Private Roads and Cartways.] Roads for private and 
public use of the width of three rods or less may be laid out from one 



19§ R0AD3 AND BRIDGBS. 



dwelling or plantation of an individual to any public road or from one 
public road to another or from a lot of land to the highway on petition 
to the County Board by any person directly interested setting forth in 
writing a description of the road, the names of the owners of the 
lands if known, and if not known it shall be so stated over which the 
road is to pass the point at which it is to terminate. The petitioner 
or petitioners shall also give to each person residing in the county over 
whose land such cartway is desired to pass at least twenty days' notice 
of the intention to present such petition and shall also twenty days 
before the time for the presentation of such petition "post such notice 
on the court house door in such county. The serving and posting of 
such notice may be proved by the affidavit of the person serving or 
posting the same or by other legal evidence. There shall also be de- 
posited with the county clerk a sufficient sum of money to pay for 
viewing and surveying such cartway. The County Board may after 
hearing the objections to such petition, if any, appoint three disinter- 
ested freeholders to view the same and if such viewers or a majority 
of them shall be of opinion that the prayer of such petitioner or peti- 
tioners should be granted they shall cause a survey and a plat of such 
cartway to be made by a competent surveyor, who shall report such 
survey and plat giving the course and distances and specifying the 
land over which the said cartway is to pass. And if after hearing the 
objections to such report if any, the Board shall be of opinion that 
such cartway is necessary and right, an order shall be made establish- 
ing the same ; Provided, That if any owner of land shall object to the 
opening of such road the same shall not be opened by the person or 
persons desiring the same until such owner objecting shall be paid all 
the damages to be sustained by the opening thereof, and in case the 
parties cannot agree on the amount of damages, the same shall be 
ascertained by jury as in other cases and the damages being paid on 
final decision or a sufficient sum deposited with the Board for that 
purpose, the petitioner or petitioners their heirs and assigns shall have 
the right to open such cartway and the same shall be kept open for 
public use ; Provided, That if such cartway shall not be opened by the 
petitioner or petitioners their heirs or assigns the full width estab- 
lished within two years from the time of making the order for the 
location of the same such order shall be regarded as rescinded. And 
provided, also, that if such petitioner or petitioners their heirs or as- 
signs shall fail to keep such cartway in sufficient repair for use as 
such or shall suffer the same to become useless or when such road or 
cartway shall no longer be necessary then the right of way thereto 
shall revert to the owner or owners of the freehold. And the Board 
may upon the petition of such owner or owners enter an order vacat- 
ing such cartway. An appeal may be taken from the final order of 
such Board either in establishing or vacating such cartway within 
such time and upon such terms as the Board may direct. 
Approved May 25, 1877. 



ROADS AND BRIDGES. ]^g9 



ROAD LABOR, ETC. 
I 37. Road labor— Tools— Fine— Emergency. 

An Act to amend section 37 of an act entitled ^^ An act in regard to gateways, 
roads and bridges in counties not under township organization,^'' approved 
and in force April 18, 1873. Approved and in force May 24, 1877. 

Section 1. Be it enacted by the People of the State of Illinois, represented 
in the General Assembly, That section 37 of an act entitled "An act in 
regard to gateways, roads and bridges in counties not under township 
organization," approved and in force April 18, 1873, be amended so as 
to read as follows : 

§ 37. [Road Labor — Tools — Fine — Emergency.] It shall be the 
duty of each supervisor in counties not levying for road purposes, a tax 
only,— when the county board shall have fixed upon and caused to be 
entered on their record a stated number of days' labor that each able- 
bodied man, between the ages of twenty-one and fifty years, shall per- 
form on the public roads in such counties during the year to fix upon 
a day or days for working the roads in his district. The supervisor 
shall have power to distribute the road labor of his district to different 
times within the year. He shall notify each person subject to road 
labor in his district of the number of days' labor due from such person 
for the 3^ear; of the day or days fixed on by him for working the roads ; 
the number of days' labor such person is, at the time required to per- 
form ; the place, day and hour of meeting to commence such labor, 
and what kind of tool to bring, which notice shall be given by the 
supervisor verbally, or by written or printed notice or by a person ap- 
pointed by the supervisor to give such notice ; in which latter case 
the notice shall be written or printed and signed by the supervisor. 
Such notice shall be given at least three days before commencing such 
road labor. Any person neglecting or failing to attend at the time 
and place indicated in the notice and to do and perform the number 
of days' work due from him on the roads as may be stated in such no- 
tice, — after having been notified as above required — either by himself 
or a substitute equally as able as himself shall be accounted a delin- 
quent road laborer, and shall pay to the supervisor the sum of one dol- 
lar and fifty cents for each day he may be delinquent in such road 
labor. If any person while discharging his road labor, be idle, or do 
not work diligently, or be turbulent or interrupt or hinder other 
hands or disobey the supervisor, power is hereby given, and it shall 
be the duty of the supervisor to discharge such person from the road, 
and for the residue of the time with which he is chargeable, he shall 
pay to the road supervisor the rate of one dollar and fifty cents per day. 
If any person owing road labor, shall fail to perform the same after he 
shall have been notified, as provided by this act, or who has been dis- 
charged by the supervisor for cause mentioned in this act and shall 
neglect or refuse to pay the amount required to be paid by this act for 
non-performance of such road labor he shall be fined in a sum not ex- 
ceeding fifty dollars and not less than double the amount which shall 
appear to be due from him for road labor. 

It shall be the duty of the road supervisor within six days after de- 
fault has been made by such delinquent road laborer, to make com- 



200 



SCHOOLS 



plaint under oath before any justice of the peace in his county against 
such person as a delinquent road laborer — unless good reason be, 
[shown] why such complaint should not be made — and such justice of 
the peace shall thereupon issue his warrant to any constable of his 
county against such delinquent road laborer, and shall, upon his ar- 
rest, proceed to hear and determine the cause according to law : Pro- 
vided, That such delinquent road laborer may be discharged from cus- 
tody upon paying the cost of suit and entering into bond with good 
and sufficient security in double the amount of such fine, to be ap- 
proved by the justice of the peace, conditioned that such delinquent 
road laborer shall within thirty days from the date thereof discharge 
such fine in money or in road labor under the direction of the super- 
visor. All moneys collected under the provisions of this act shall be 
paid to the supervisor and reported by the supervisor to the county 
board and shall be applied, by order of the county board in the road 
district entitled thereto. 

§ 15. [Opening of New Road — Notice.] Whenever a new road 
shall be located, the County Commissioners shall immediately cause 
the supervisors of each district through which such road shall pass to 
be notified of such location; and it shall be the duty of such super- 
visors to open such road within their respective districts, and keep 
the same in repair so far as the labor of the persons bound to work on 
said road shall enable them, and if such labor be insufiicient, the 
County Commissioners shall cause. the same to be cut out and opened 
at the expense of the county, whenever, in their opinion, the funds 
of the county will justify such expense, and after being so opened, 
the same shall be kept in repair by the supervisors, as in other cases : 
Provided, No new road shall be considered located nor be opened until 
the costs of condemning the land for such road shall have been ascer- 
tained as provided in section 23 of this act, and paid. 

Whereas the law is inadequate to enforce road labor in man}^ of the 
counties in this State, therefore an emergency exists and this act 
shall take efiect and be in force from and after its passage. 

Approved May 24, 1877. 



SCHOOLS. 



? 24. Trustees— Qualifications of. g 33. Division into districts— Map— Alterations 

— Distribution of funds and property — 
Failure of Trustees — Damages Ap- 
praisement — Duty of County Clerk to 
correct list. 

An Act to amend sections 2J^ and 33 of an ad entitled '■'■An act to establish 
and maintain a system of Free Schools,^'' approved April 1, 1872. Ap- 
proved May 23, 1877. In force July 1, 1877. 

Section 1. [Trustees — Qualifications of.] Be it enacted by the 
People of the State of Illinois, represented in the General Assembly, That 



SCHOOLS- 201 



sections 24, and thirty-three (33) of an act entitled "An act to estab- 
lish and maintain a system of free schools," approved April 1st, 
1872, be and the same hereby is amended to read as follows : 

§ 24. No person shall be eligible to the office of trustee, of schools, 
unless twenty-one years of age, and a resident of the township. And 
where there are three or more school districts in any township, no 
two trustees shall reside, when elected, in the same school district. 

§ 38. [Division into Districts — Map — Alterations, etc.] Trus- 
tees of schools in newly organized townships, shall lay off the town- 
ship into one or more districts, to suit the wishes and convenience of 
a majority of the inhabitants of the township, and shall prepare, or 
cause to be prepared, a map of the township, on which map shall be 
designated the district or districts to be styled, when there are more 
than one, District No. — , in Township No. — , Range — of the — P. 

M. (according to the proper numbers), county of and State of 

Illinois, which districts they may change at any regular meetings, 
upon the following conditions : First. Upon petition of a majority 
of the legal voters of the districts affected by the proposed change, 
the trustees of a township may change the boundaries, of any dis- 
trict lying wholly therein, or establish a new district or districts out 
of said territory, as the case may be. Second. Upon a like petition, 
school districts may be formed out of parts of two or more townships 
or fractional townships, in which case the trustees of schools of said 
townships shall concur in the formation of such districts. Third. 
Upon petition of two-thirds of all the voters in any territory, con- 
taining not less than five families, representing that they are not 
properly accommodated with school privileges, but will be by being 
added to another district, or formed into a new district, and upon pe- 
tition of a majority of the voters of such other district, if any, it shall 
be the duty of the trustees of the township or townships in which 
such territory, or territory and district, are situated, to set off such' 
territory ; Provided, That such change shall not be made when the 
district, from which the petitioners desire to be severed has a bonded 
debt. Fourth. Upon petition of a majority of the voters of a district 
composed of parts of two or more townships, it shall be the duty of 
each of the boards of trustees of the several townships to provide for 
so much of the territory of said district as lies within their respective 
townships, by annexing said territory to a district, or to districts 
already formed, or by the creation of a new district or districts, which 
shall include said territory. Fifth. Upon petition of a majority of 
the voters of any district organized under a special act, and of the 
voters of other districts affected by the proposed change, trustees of 
the township or townships in which such district is situated shall 
change the boundaries of such district. Sixth. The board of school 
tiustees are hereby granted discretionary powers in the matter of 
changing the boundaries of school districts, and in creating new dis- 
tricts, when petitioned by a majority of the legal voters to do so: 
Provided, That such legal voters shall have the right to appeal from 
the decisions of said board to the county superintendent of schools, 
whose duty it shall be to investigate the case upon such appeal, and 
if in his opinion the change asked is for the best interests of the dis- 
trict or districts concerned, he shall order the trustees to make such 



202 SCHOOLS. 



change or changes, and his action shall be final and binding. Seventh. 
When the trustees of schools shall organize a new district under the 
provisions of this section, it shall be their duty before the meeting at 
which the new district or districts shall have been organized, to order 
an election to be held within fifteen days thereafter, at some conven- 
ient time and place, within the boundaries of such newly organized 
district, for the election of three school directors, notice being given 
by the township treasurer, who shall post up three notices of such 
election in three prominent places in said district, at least ten days 
prior to the time appointed for holding such election, which notices 
shall specify the place where such election is to be held, the time for 
opening and closing the polls, and object of said election. It shall be 
the duty of the legal voters present, five of whom shall constitute a 
quorum, to appoint three of their number, two of whom shall act as 
judges and one as clerk of said election. Within ten days after the 
election, it shall be the duty of the directors elected at said election, 
to meet at some convenient time and place, previously agreed upon 
b}' said directors, and organize as a district board, by appointing one 
of their number president, and also some suitable person clerk of the 
board, who shall by virtue of his ofiSce be clerk of the district. At 
this first meeting of the directors they shall draw lots for their re- 
spective terms of office for one, two and three years, each of which shall 
be considered a fractional term, ending at each annual meeting, ac- 
cording to the length of term drawn. 

Whenever any changes, as provided in this section, are made, trustees 
of schools shall prepare, or cause to be prepared, a map of their town- 
ship, showing the districts accurately ; which map shall be certified 
by the President and Clerk of the board, and filed with and recorded 
by the County Clerk in a book kept for that purpose, to be paid for 
out of the county treasury. When a new district is formed from a 
part of a district, the trustees of a township or townships concerned 
shall proceed forthwith to make a distribution of any tax funds or 
other funds which are in the hands of the Treasurer, or to which the 
district may, at the time of such division, be entitled; so that both 
the old and new districts shall receive parts of such funds in propor- 
tion to the amount of taxes collected next preceding such divison of 
the taxable property in the territory composing the several districts. 
If the new district be composed of parts of two or more districts, the 
trustees shall make distribution of said funds between the new dis- 
trict and the old district respectively, so that the new district shall 
receive a distribution of the funds of each of the old districts in the 
proportion which the amount of taxes collected from the property in 
the territory of new district bears to the whole taxes collected, next 
before the division, in the old district; and the town treasurers shall 
forthwith place the sums so distributed to the credit of the respective 
districts, and shall immediately place the proportion of the said funds 
to which said new district may be entitled to its credit on his books, 
and the funds on hand shall be subject at once to the order of the 
directors of the new district, and those not on hand, as soon as col- 
lected. The trustees of the township or townships concerned shall, at 
the time of the creation of a new district, or within the period of 
thirty days thereafter, proceed to the appointment of three appraisers, 



SCHOOLS. 203 



who shall not be citizens of the township or townships interested. It 
shall be the duty of said appraisers, within thirty days after their ap- 
pointment, to appraise the school property, both real and personal, of 
the district or districts interested, at their fair cash value. 

Within thirty days after such appraisement, the trustees of the 
township or townships concerned shall proceed to charge the property 
to the district in which it may be found, and to credit the other dis- 
trict interested therein with its proportion of such valuation : Pro- 
vided, That the bona fide debts, if any, of the old district, shall first be 
deducted and the balance charged and credited as aforesaid, and of the 
funds then on hand, or subsequently to accrue, belonging to such dis- 
trict to which such property is charged, the trustees shall direct the 
treasurer to place to the credit of the district not retaining said prop- 
erty its proportion of the value of said property. If trustees shall fail 
to observe the provisions of this section in reference to distribution of 
funds and property, they shall be individually and jointly liable to 
the district interested, in an action on the case, to the full amount of 
the damages sustained by the district aggrieved. Where trustees 
have heretofore failed to make distribution of property to districts as 
provided in this section, any district interested in the making of such 
distribution may, by its directors, request the trustees, in writing, to 
proceed to make such distribution; and said trustees shall proceed to 
make distribution in the manner herein prescribed and shall be liable 
in like manner for neglect or failure. Within ten days after any 
changes are made in district boundaries, whether by division, con- 
solidation or otherwise, the township treasurer shall make a full 
record thereof in the record book of the trustees, and file a copy of said 
record together with a new map of the township, and a list of the 
tax-payers resident in each of the newly arranged districts, in the 
office of the County Clerk. Compliance with these requirements, 
within the said period of ten days, is hereby made essential to the 
validity of any alterations of district boundaries. If said copy of 
record, plat of township and list of tax-payers shall be filed, as afore- 
said, in the office of the county clerk, within ten days after the Octo- 
ber meeting of the trustees, the county clerk shall thereupon correct 
the lists required to be filed on or before the first Monday in Septem- 
ber under section forty-four (44) of this act. 

Approved May 23, 1877. 



LEGALIZING SCHOOL DISTRICTS. 
I 1. Legalizing Sctiool District. 

An Act to legcdize school districts organized under the 33rd section 
of '■^An act to establish and maintain a system of free schools,^'' a2:)j)roved 
April 1st, 1872. Approved May 25, 1877. In force July 1, 1877. 

Section 1. [Legalizing School District.] Be it enacted by the 
People of the the State of Illinois, represented in the General Assembly, That 
all School Districts which have been organized as such, under the 
provisions of section 33, of "An act to establish and main- 
tain a system of free schools for the State of Illinois," approved April 



204 SCHOOLS. 



1st, 1872, are hereby legalized, and such school districts shall be held 
and considered legally organized school districts for all purposes orig- 
inally contemplated. 
Approved May 25, 1877. 



BORROWING MOXEY. 
i 47. Borrowing money— Limit— Tax— Registered Bonds. 

An Act to amend section forty-seven (4-7) of "An act to estab- 
Jishand maintain a system of free-schools,^' approved April 1st, 1872. Ap- 
2:iroved May 11, 1877, In force Jidy 1, 1877. 

Section 1. Be it enacted by the People of the State of Illinois, represen- 
ted in the General Assembly, That section forty-seven (47) of an act 
-entitled "An act to establish and maintain a system of free schools," 
approved April first, 1874, be amended so as to read as follows : 

§ 47. [Borrowi:?Ct Money — Limit — Tax — Registered Bonds.] 
For the purpose of building school houses, or purchasing school sites, 
or for repairing and improving same, the directors, by a vote of the 
people, at an election called and conducted as required in the forty- 
second (42) section of this act (a majority of the votes cast shall be 
necessary to authorize the directors to act) may borrow money, issuing 
bonds, executed by the officers, or at least two members of the board, 
in sums of not less than one hundred dollars (6100), but the rate of 
interest shall not exceed ten per cent., nor shall the sum borrowed in 
any one year, exceed five per cent, (including existing indebtedness) 
•of the taxable property of the district, to be ascertained by the last 
assessment for the State and county taxes previous to the incurring 
of such indebtedness, nor shall the tax levied in any one year for 
building school houses, exceed three per cent, of said taxable proper- 
ty, except to pay indebtedness contracted previous to the passage of 
this act. All bonds authorized to be issued b}^ virtue of the power 
granted by this act, before being so issued, negotiated and sold, shall 
be registered, numlDered, and countersigned by the school treasurer 
of the township wherein the school house of such district is, or is to 
be located. Such register shall be made in a "Bond Register" book to 
be kept for that purpose, and in this register shall first be entered the 
record 'of the election, authorizing the directors to borrow money, and 
then a description of the bonds issued by virtue of such authority, as 
to number, date, to whom issued, amount, rate of interest, and when 
-due. All moneys borrowed under authority granted by this section 
shall be paid into the school treasury of the township wherein the 
bonds issued therefor are required to be registered, and upon receiving 
•said moneys, the treasurer shall deliver the bond or bonds issued 
therefor, to the parties entitled to receive the same, and shall credit 
the funds received to the district issuing the bonds, and shall enter in 
the "Bond Register" the exact amount received for each and every 
bond issued, and when any such bonds are paid, the township treas- 



SCHOOLS. 205- 



urer shall cancel the same, and shall enter in the "Bond Register," 
against the record of such bonds the words, "Paid and canceled thi& 

day of , A. D. ," filling the blanks with the day, month 

and year, corresponding with the date of such payment. 
Approved, May 11, 1877. 



RENTING AND SALE OF SCHOOL LANDS. 
'i 1. The renting and sale of School Lands. 

An Act regulating the renting and sale of school lands. Approved May 25,, 
1877. In force July 1, 1877. 

Section 1. [Renting and Sale of School Lands.] Be it enacted 
by the People of the State of Illinois, rejjresented in the General Assembly^ 
That it shall he lawful for the trustees of schools in townships in which 
section number sixteen or any other lands in lieu thereof remain, 
unsold, or which has title to any other school lands whatsoever, may 
rent or lease the same for an annual rent, to be paid in money to the 
treasurer, by a written contract made by the President and Secretary, 
under the direction of the board, with the lessee or lessees, which con- 
tract shall be filed with the records of the board ; and a copy of the 
same transmitted to the county Superintendent, and in case of any 
default in payment of rent, the said board of trustees shall at once 
proceed to collect the same by distress or otherwise as may be provid- 
ed by law for the collection of rents by landlords. No lease taken un- 
der the provisions of this act, shall be for a longer term than two 
years, except where said lands are leased for the purpose of hav- 
ing permanent improvements made thereon as may be the case in 
cities and villages : Provided, that the provisions of this act shall not 
apply to cities having a population of over one hundred thousand 
inhabitants. 

Approved May 25, 1877. 



REPEALING ACTS. 
§ 1. Repeals an act changing the boundaries of a school district. 

An Act to repeal an act entitled ^^An act to change the boundaries of School 
District Number three (3), in Toumship two (2), north range ten (10) West, 
in St. Clair county.^'' approved, and in force February 16, 1865. Ap- 
proved April 11, 1877. In force July 1, 1877. 

Section 1. [Repeal of Act.] Be it enacted by the Peoi^le of the State 
of Illinois, represented in the General Assembly, That an act entitled "An 
act to change the boundaries of School District Number three (3), in 
Township two (2), North Range ten (10), West in St. Clair county," 
approved and in force February 16, 1865, be and is hereby repealed. 

Approved April 11, 1877. 



206 SECRETARY OF STATE— STATE CONTRACTS. 



SECRETARY OF STATE. 



CERTIFIED COPIES OF LOST OR MISSING PAPERS. 
g 1. Lost or missing enrolled laws. 

An Act to supply certain lost or missing papers in the State Archives, and to 
legalize certified copies thereof. Approved May 17, 1877. In force July 1, 

1877. 

Whereas, It has been discovered by the Secretary of State, in the 
process of arranging and indexing the papers on file in his office, that 
a number of the enrolled laws are missing from the files and supposed 
to be lost, and, 

Whereas, it is very important the files should be complete, there- 
fore : 

Section 1. [Supplying Lost or Missing Enrolled Laws.] Be 
it enacted by the People of the State of Illinois, represented in the General 
Assembly, That the Secretary of State be, and he is hereby authorized 
and directed to supjDly such missing enrolled laws with exact copies 
of the printed law or laws, authorized to be printed at the session 
which said law or laws were passed, which copy of the printed law- 
shall be certified by the Secretary of State under his hand, and the 
seal of State, and such law or laws so made and certified shall be filed 
by said Secretary of State in lieu of the original law. Such certified 
copies, as aforesaid, are hereby legalized and in all respects shall hav® 
the same force and effect as the original enrolled law, and to certified 
copies thereof, due credit shall be given in all courts of law and equity 
the same as though made from the original law. 

Approved May 17, 1877. 



STATE CONTRACTS. 



RATES OF ADVERTISING BY THE STATE. 
I 1. Fixes the rate. 

An Act fixing the rate of advertising by the State, and providing for the 
payment of the same. Approved May 21, 1877. In force Jxdy 1, 1877. 

Section 1. [Fixes thb Rate.] Be it enacted by the People of tha 
State of Illinois, represented in the General Assembly, That the rates for 
all proclamations, advertisements, notices, proposals and other pub- 
lications, made by any State officer, or other person or persons on be- 
half of the State, authorized to publish the same as may be from 
time to time required to be made by law, shall be as follows : For 



STATE CONTRACTS. 



207 



each line of nonpareil type of the length of the width of a newspaper 
column, the sum of ten cents for the first, and seven and one- 
half cents for each sabsequent insertion; but when the lines 
shall be longer than as above stated, the same shall be paid for in pro- 
portion to such excess in length. The Governor shall have power to 
direct in what newspapers such pul>lications shall be made, and thej 
shall be paid for in the following manner, to wit : The parties who ma j 
have published such proclamations, advertisements, notices, proposals, 
or other publications, in the nature of an advertisement or publica- 
tion required to be made by law, shall file with the Auditor of Public 
Accounts, a voucher, duly approved by the State officers or other per- 
sons authorized by law to order such publication to be made, and duly 
approved by the Governor ; whereupon, the said auditor shall draw 
his warrant for the amount of such voucher or vouchers, on the State 
Treasurer, who shall pay the same out of any moneys in the treasury 
not otherwise appropriated by law. 
Approved May 21, 1877. 



ADVERTISING FOR PROPOSALS. 
§ 3. Commissioners to Advertise— Proposals— Contract to be for two years. 

An Act to amend section three (3) of an act to revise the laiv in relation [^o] 
State contracts. Approved March 81, 1874. In force July 1, 1874. Ajj- 
proved May 22, 1877. In force Jxdy 4, 1877. 

Section 1. Be it enacted hy the Peoiole of the State of Illinois, represented 
in the General Assembly, That section three (3) of " An act to revise 
the law in relation to State contracts," approved March 31, 1874, be 
and is hereby amended so as to read as follows : 

§ 3. [Commissioners to Advertise — Proposals.] Between the 
first Monday in July and the first Monday in August, A. D. 1878, the 
Commissioners of State Contracts shall advertise at Sj)ringfield in one 
of the daily papers published in that city, for proposals to furnish 
fuel to the State ; and shall advertise at Springfield and Chicago in 
some one of the daily newspapers published in each of said cities, for 
proposals to furnish printing and other paper and stationery to the 
State; and shall advertise at Springfield, Chicago, Peoria, Quincy and 
Cairo, in some one of the daily newspapers published in each of said 
cities, for proposals to do the copying of the laws, journals, reports and 
other public documents of the State, and for the distribution of the same ; 
for proposals to do the printing of the State, and for proposals to do the 
binding of the State. Each of said advertisements for proposals shall be 
published ten days from and including the date of its first publication, 
and shall give notice that sealed proposals, for furnishing the articles 
or performing the work required from the first Monday in November 
then next ensuing, until the thirtieth day of September, A. D. 1880, 
will be received at the office of the Secretary of State, on or before the 
first Monday of September next after the date of said notice. The adver- 
tisement shall also set forth spe dficilly what will be required of bid- 
ders under this act, and such other particulars as the Commissioners 



208 STATE BOARD OF HEALTH.: 

shall deem proper. Any advertisement may embrace propositions for 
bids for all or a part of the materials to be furnished aad work to be 
done, but shall solicit separate bids for each class of articles to be fur- 
nished or work to be done, and each of such classes shall be let in a 
separate contract. In the month of July, 1880, and biennially there- 
after, the said Commissioners of State Contracts shall advertise in the 
manner provided for, in this section, for proposals for furnishing the 
articles or performing the work herein specified, for the term of two 
years from the first day of October then next ensuing; and all con- 
tracts made and entered into under this act shall close on the 
thirtieth day of September of each second year after the time of taking 
eflfect. 

Approved May 22, 1877. 



STATE BOARD OF HEALTH. 



g 1 

§ 2. 

I 3 

I 4 

'i 5, 

I 6, 



Appointment and term of oificers. 12 8. Books of births and deaths. 

Power of board. g 9. Forms. 

Charge of registration of births and deaths. \ 10. Meetings of the board. 

Duty of Physicians— Penalty. §11. OfBeers— Compensation. 

Reports of births and deaths. |§ 12. Annual report. 

Coroners— Reports of, 1^13. Appropriation. 

Penalties— How disposed of. | g 14. Rooms. 



An Act to create, and establish a Board of Health in the State of 
Illinois. Approved May 25, 1877. In forct July 1, 1877. 

Section 1. [Appointment of Officers] Be it enacted by the People 
of the State of Illinois, represented in the General Assembly, That the Gov- 
ernor, with the advice and consent of the Senate, shall appoint seven 
persons who shall constitute the Board of Health. The persons so 
appointed shall hold their offices for seven years. Provided, That the 
terms of office of the seven first appointed shall be so arranged that 
the term of one shall expire on the thirtieth day of December of each 
year; and the vacancies so created as well as all vacancies occurring 
otherwise, shall be filled by the Governor, with the advice and consent 
of the Senate. And provided also, That appointments made when 
the Senate is not in session, may be confirmed at its next ensuing 
session. 

§ 2. [Power of Board.] The State Board of Health shall have 
the general supervision of the interests of the health and life of the 
citizen of the State. They shall have charge of all matters pertaining 
to quarantine ; and shall have authority to make such rules and reg- 
ulations, and such sanitary investigations, as they may from time to 
time deem necessary for the preservation or improvement of public 
health ; and it shall be the duty of all police officers, sheriffs, consta- 
bles, and all other officers and employes of the State, to enforce such 
rules and regulations, so far as the efficiency and success of the Board 
may depend upon their official co-operation. 



STATE BOARD OF HEALTH. 209 



§ 3. [Charge of Registration of Births and Deaths.] The 
Board of Health shall have supervision of the State system of registra- 
tion of births and deaths as hereinafter provided ; they shall make up 
such forms, and recommend such legislation as shall be deemed neces- 
sary for the thorough registration of vital and mortuary statistics 
throughout the State. The Secretary of the Board shall be the Super- 
intendent of such registration. The clerical duties, and the safe keep- 
ing of the bureau of vital statistics thus created shall be provided by 
the Secretary of State. 

§ 4. [Duty of Physicans — Penalty.] It shall be the duty of all 
physicians, and accoachers in this State, to register their names and 
postoffice address with the County Clerk of the county where they re- 
side ; and said physicians and accouchers, shall be required under pen- 
alty of ten dollars, to be recovered in any court of competent jurisdic- 
tion in the State, at suit of the County Clerk, to report to the County 
Clerk, within thirty days from date of their occurrence, all births and 
deaths which may come under their supervision, with a certificate of 
the cause of death, and such correlative facts as the Board may re- 
quire, in the blank forms furnished as hereinafter provided. 

§ 5. [Report op Births and Deaths.] Where any birth or death 
shall take place no phj'sician or accoucher being in attendance, the 
same shall be reported to the County Clerk, within thirty days from 
the date of their occurrence with the supposed cause of death, by the pa- 
rent, or if none, by the nearest of kin not a minor, or if none, by the 
resident house-holder where the death shall occur, under penalty as 
provided in the preceding section of this act. 

§6. [Coroners — Reports of.] The Coroners of the several coun- 
ties shall be required to report to the County Clerk, all cases of death 
which may come under their supervision, with the cause and mode of 
death, &c., as per forms furnished, under penalty as provided in sec- 
tion four of this act. 

§ 7. [Penalties — How Disposed of.] All amounts recovered un- 
der the penalties herein provided shall be appropriated to a special 
fund for the carrying out the objects of this law. 

§ 8. [Books of Birthsand Deaths.] The County Clerks of the 
several counties in the State shall be required to keep separate books 
for the registration of the names and post-office address of physicians 
and accouchers, for births, for marriages, and for deaths ; said books 
shall always be open to inspection without fee ; and said County 
Clerks shall be required to render a full and complete report of all 
births, marriages and deaths to the Secretary of the Board of Health, 
annually, and at such other times as the Board may direct. . 

§ 9. [Forms.] It shall be the duty of the Board of Health to pre- 
pare such forms for the record of births, marriages and deaths, as they 
may deem proper; the said forms to be furnished by the Secretary of 
Baid Board, to the County Clerks of the several counties, whose duty it 
shall be to furnish them to such persons as are herein required to 
make reports. 

§ 10. [Meetings of the Board.] The first meeting of the Board 
shall be within fifteen days after their appointm'ent, and thereafter 
—14 



210 STATE TREASUEEK. 



in January and June of each year, and at such other times as the 
Board shall deem expedient. The meeting in January of each year 
shall be in Springfield. A majority shall constitute a quorum. They 
shall choose one of their number to be President, and they may adopt 
rules and by-laws for their government, subject to the provisions of 
this act. 

§ 11. [Officers — Compensation.] They shall elect a Secretary 
who shall perform the duties prescribed by the Board ; and by this 
act, he shall receive a salary which shall be fixed by the Board ; he 
shall also receive his traveling and other expenses incurred in the 
performance of his official duties. The other members of the Board 
shall receive no compensation for their services, but their traveling 
and other expenses, while employed on business of the Board, shall 
be paid. The President of the Board shall quarterly certify the 
amount due the Secretary, and on presentation of his certificate, the 
Auditor of State shall dravf his warrant on the Treasurer for the 
amount. 

§ 12. [Annual Report.] It shall be the duty of the Board -of 
Health to make an annual report through their Secretary, or other- 
wise, in writing to the Governor of this State, on or before the first 
day of January of each year ; and such report shall include so much 
of the proceedings of the Board, and such information concerning 
vital statistics ; such knowledge respecting diseases and such instruc- 
tion on the subject of Hygiene, as may be thought useful by the 
Board, for dissemination among the people with such suggestions as 
to legislative action, as they may deem necessary. 

§ 13. [Appropriation.] The sum of five thousand dollars or 
so much thereof as may be necessary, is hereby appropriated to 
pay the salary of the Secretary ; meet the contingent expenses of the 
office of the Secretary, and the expenses of the Board, and all costs 
for printing, which together shall not exceed the sum hereby appro- 
priated ; said expenses shall be certified and paid in the same manner 
as the salary of the Secretary; 

§ 14. [Rooms.] The Secretar}^ of State shall provide rooms suita- 
ble for the meetings of the Board, and ofl^ice room for the Secretary. 



Approved May 28, 1877. 



STATE TREASURER. 



g 1. Bonds— How Indorsed. | g 2. Repeal. 



An Act to provide security for Bonds in the State Treasury. Approved 
May 25, 1877. In force July 1, 1877. 

Section 1. [Bonds — How Indorsed.] Beit enacted by the People of 
thj State of Illinois," represented in the General Assembly, Every United 
Spates or other Bond now in the State Treasury, or that may hereafter 



TOLL ROADS. ^ 211 



come into the Treasury, shall immediately be indorsed with the 
words following:, viz : '"Property of the State of Illinois, not trans- 
ferable by the Treasurer, without the consent of the Governor indorsed 
thereon. 

§ 2. [Repeal.] All acts, and parts of acts, inconsistent herewith, 
are hereby repealed. 

Appeoved May 25, 1877. 



TOLL ROADS. 



g 6, Road-bed— Width. [ g 26. Extension of Toll Roads. 

'i 7. When Gates Erected and Toll Charged. | 2. Repeals section 8 of act of 1874. 

g 9. County Board may fix Tolls. I 

An Act to amend sedioivs six (6), seven (7), nine (9) and twenty-six (26), 
of an act entitled ^'■An act to revise the laiv in relation to Toll .Roads,^^ 
approved March 2oth, 1874, and to repeal section eight of said act. Ap- 
proved May 11, 1877. In force July 1, 1877. 

Section 1. Be it enacted by the People of the State of Illinois, represented 
in the General Assembly, That section six (6), seven (7), nine (9), and 
twenty-six of an act entitled '' An act to revise the law in rela- 
tion to toll roads," approved March 25, 1874, be and the same are 
hereby amended so as to read as follows : 

§ 6. [Road-Bed — Width.] At least eight feet in width of the 
road-bed of every such road shall be so planked, graveled, macadamized 
or otherwise made as to secure a firm and substantial road suitable 
for public travel, with the earth or dirt track so constructed as to afford 
turnouts for teams at any place. 

§ 7. [When Gates Erected and Toll Charged.] As soon as 
such road shall have been completed, or any part thereof not less than 
one-half mile continuously, and so from time to time, as often as one- 
half mile in addition shall be completed adjoining that previously 
constructed, the county board of the county in which the road lies, 
shall, on application, appoint three judicious householders who shall, 
on oath, examine the same and report their opinion to the county 
board in writing, and if it shall appear from such report, to the satis- 
faction of the board, that the road or such part thereof is completed 
agreeably to the provisions of this act, and suitable for travel, such 
board shall authorize the erection of gates at suitable distances, and 
the taking of toll. 

§ 9. [County Board may Fix Tolls.] It shall be the duty of the 
county board of any county in which any toll road, or any part thereof, 
is or may hereafter be situated, to fix from time to time such rates of 
toll to be charged on such road, or part thereof, as may be deemed just 
and proper and for the public good; and in case of the neglect of the 
owner or operator of any toll road to keep the same in repair and 
suitable for public travel, such board ma}'' prohibit the taking of toll 
thereon. 



212 



TOWNSHIP OROANIZATION. 



§ 26. [Extension of Toll Roads.] Any turnpike, gravel, plank, 
macadamized or other toll road company heretofore incorporated by 
general or special act of incorporation, having obtained the right of 
way, in pursuance of law, for the extension of its road, may extend 
its road at either end, by giving the notice required in section three 
(3) of this act, and obtaining the consent as provided in sections one 
(1) and four (4) of this act. And whenever any such compan}^ shall 
have extended its road as aforesaid any distance not less than one-half 
mile, and so, from time to time, as often as one-half mile in addition 
shall be completed adjoining that previously constructed, the county 
board of the county in which the road lies, shall, on application, ap- 
point three judicious householders who shall, on oath, examine the 
same and report their opinion to the county board in writing, and if 
it shall appear from such report to the satisfaction of the board that 
such extension is completed agreeably to the provisions of this act, 
and suitable for travel, such board shall authorize the collection of 
tolls thereon as provided in this act. 

§ 2. [Repeals Section 8 of Act.] Section eight (8) of the act 
hereinabove specified be and the same is hereby repealed. 

Approved May 11, 1877. 



TOWNSHIP ORGANIZATION. 



organization of towns by county boards. 



1. Territory in city organized a.s town. 

2. Town in city. 

3. Election of officers. 

4. Powers exercised by council. 



I 5. What city council may provide. 

g 6. May regulate the number of justices. 

I 7. Vacancies. 



An Act to authorize County Boards in Counties under Township 
Organization to organize certain Territory situated therein as a 
Town. Approved May 23, 1877. In force Juty 1, 1877. 

Section 1. [Territory of City Organized as Town.] Be it 
enacted by the People of the State of Illinois, represented in the General Asseyrir 
hly, That the County Board, in any county under township organiza- 
tion, may provide that the territory embraced within any city in 
such county shall be organized as a town : Provided, Such territory 
Bhall have a population of not less than three thousand. And i^ro- 
vided, The City Council in such city shall by resolution request such 
action by the County Board. 

§ 2. [Town in City.] The territory of any city now organized, 
within the limits of any county under township organization, and 
not situated within any town, shall be deemed to be a town, 

§3. [Election OF Officers.] All town officers within any town 
organized as aforesaid shall be elected at the annual charter election of 



TOWNSHIP ORGANIZATION. 213 



such city. All general elections held in such city and town shall be 
held at the same voting places as the city elections, with judges and 
clerks appointed in like manner as for the city elections. 

§ 4. [Powers Exercised by Council.] The powers vested in such 
towns shall be exercised by the City Council. 

§ 5. [What City Council may Provide.] The City Council in 
such city and town may by ordinance provide that the offices of City 
and Town Clerk shall be united in the same person; that the election 
of highway commissioners shall be discontinued; that the offices of 
Supervisor and Poormaster shall be separated, and the Poormaster ap- 
pointed by the City Council. 

§ 6. [May Regulate the Number of Justices.] The City Coun- 
cil in such city and town may from time to time regulate the number 
of justices of the peace, police magistrates and constables to be elected 
within such city and town; but the number elected to either of such 
offices shall not exceed the number allowed by law to other towns of 
like population. 

§ 7. [Vacancies.] Vacancies in any of the town offices within 
such city and town may be filled by the City Council. 

Approved May 23, 1877. . 



elections. 

g 1. Ballot Boxes— Polling Places— Canvass — I g 2. Emergency. 
Town Meeting. | 

An Act to amend section Seven of Article Seven of an act entitled '■^ An 
(ict to revise the laio in relation to Toionship Organization,^^ approved 
and in force March 4:th, 1874. Apjnovcd and in force March 9, 1877. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Asseinbly, That section seven of article seven of 
an act entitled "An act to revise the law in relation to township or- 
ganization," approved and in force March 4th, 1874, be and the same 
is hereby amended so as to read as follows, to-wit : 

§ 7. [Ballot Boxes- — Polling Places — Canvass — Town Meeting.] 
The town shall supply a suitable ballot-box or boxes to be kept and 
used in like manner as ballot-boxes in other elections. In incorporated 
towns, or incorporated villages, whose limits are co-extensive with the 
limits of a town; or in any organized town where the number of 
voters at the last preceding general election exceeded three hundred, 
the County Board may require one or more additional ballot-boxes 
and places for the reception of votes to be provided, which places shall 
be selected with reference to the convenience of the electors of the 
town, and shall designate at which of said polling places the Town 
Clerk shall act as Clerk of the election ; and such polling place, wh&n 
so designated, shall be the place for transacting the miscellaneous busi- 
ness of the town. And when several places are so provided, the electors 
present shall choose from their number one Assistant Moderator and 



214 TOWKSHIP ORGANIZATION. 



one Assistant Clerk, for each additional ballot-box, to receive the 
votes therein, who shall take the same oath and be subject to the 
same penalties as the Moderator and Clerk, and shall be under the 
direction of the Moderator. At the closing of the polls all the said 
ballot-boxes shall be brought together at the polling place where the 
Town Clerk acts as Clerk of the election, and the votes shall be can- 
vassed at the same time and in the same manner, and return thereof 
made the same as if all the votes had been cast in the same ballot- 
box. When there shall be more than one polling place designated in 
such towns, the general meeting for the transaction of business shall 
be held at the time hereafter mentioned at the polling place where 
the Town Clerk acts as Clerk of the town election ; or, if there be 
no Town Clerk, then at such place as shall be designated by the 
County Clerk. And it shall be the duty of the Town Clerk, or if 
there be no Town Clerk, it shall be the duty of the County Clerk to post 
up in three of the most public places in the town, a notice of each of 
the places in the town where the County Board have directed and 
required the election to be held : Provided, hoivever, That in towns 
which lie wholly within the limiis of an incorporated city, the Com- 
mon Council of such city shall divide each of such towns into elec- 
tion precincts, and designate the voting' places in each precinct ; and 
any elector in such towns shall be entitled to vote tor town officers 
only in the precinct in which he may reside. The [Common Council 
of such city shall also appoint three Judges of Election for each of 
such precincts, who may be the same persons as are appointed as 
Judges for an election for city officers held on the same day. Such 
Judges of Election may choose two Clerks 'of Election for each pre- 
cinct, and such Judges and Clerks shall take the oath of office now 
prescribed by the general election law of the State. The ballots cast 
at such election for town officers shall be deposited in a separate bal- 
lot-box, and shall be counted and canvassed by the Judges of election 
separately from any other ballots that may be cast at any other elec- 
tion that may be held on the same day. Said Judges of Election 
shall cause to be kept a separate poll list wdiich shall contain the 
names of all persons voting at such election for town officers, together 
with their residence. And immediately upon closing the polls they 
shall canvass the votes polled in the manner j)rovided by the general 
election law of the State, and make a writteh statement or certificate 
of the number of votes cast at such election for each person voted for, 
and the office for which such person received such votes, and shall, 
within forty-eight hours thereafter, cause such certificate and the poll 
list, together with the ballots cast at such election, to be separately 
sealed up and transmitted to the Clerk of the town. The Supervisor, 
together with the Assessor and Collector, shall, within five days 
thereafter, meet and canvass said returns and declare the result of 
said election. The town meetings to be held in such towns for the 
transaction of town business, as noAV provided by law, shall be held 
at two o'clock in the afternoon of said day at such voting place in 
such town as the Common Council of such city may designate, at 
wnich meeting a Moderator shall be chosen to preside by the electors 
present, and the Town Clerk shall act as Clerk of said meeting, and 
keep a record of the proceedings thereof. 



UNIVERSITIES, COLLEGES, ACADEMIES, ETC. 215 

§ 2. [Emergency.] Whereas an emergency exists, by reason of 
the happening of town elections in April, 1877, this act shall take 
effect and be in force from and after its passage. 

Approved March 9, 1877. 



COMMISSIONERS OF HIGHWAYS. 
g 3. Compensation of Treasurer. 

An Act to amend section three (3) of act entitled " An act to provide for the 
election of Commissioners of Highways in counties binder toivnship organi- 
zation, and to legalize the election and officicd acts of such as were elected in 
the year 1874 and 1875, and to fix the compensation of the Treasurer of 
such Commissioners,''^ approved April 15, 1875. Approved May 11, 1877. 
Injorce July 1, 1877. 

Section 1. Be it enacted by the People of the State of Illinois, represented in 
the General Assembly, That section three (3) of an act entitled, "An act 
to provide for the election of Commissioners of Highways in counties 
under township organization, and to legalize the election and official 
acts of such as were elected in the year 1874 and 1875, and to fix the 
compensation of the Treasurer of such Commissioners," approved 
April 15, 1875, be amended so as to read as follows : 

§ 3. [Compensation of Treasurer.] The Treasurer of the Board 
of Highway Commissioners shall receive for his services as such 
Treasurer, such compensation as may be agreed upon by said Board, 
not exceeding two per cent, on all moneys he may receive and pay 
out, except such moneys as he may pay over to his successor in office, 
such compensation to be fixed by resolution of the Board at the time 
such Treasurer is appointed, and no other and different sum shall be 
allowed such Treasurer during his term of ofiice. 

. Approved May 11, 1877. 



UNIVERSITIES, COLLEGES, ACADEMIES, ETC. 



INDUSTRIAL UNIVERSITY. 
I 1. Funds, how to be invested. | g 2. Emergency. 

An Act to amend section seven of an act entitled '■ An act to regulate the 
Illinois Industrial University, and to make appropriations therefor,'^ ap- 
proved May 7, 1873. Approved and in force April 17, 1877. 

Section 1. [Funds, how to be Invested.] Be it enacted by the People 
of tlie State of Illinois, represented in tKe General Assembly, That section 
seven of an act, entitled " An act to regulate the Illinois Indus- 
trial CJniversit}', and to make appropriations therefor," approved 



21g UNIVERSITIES, COLLEGES, ACADEMIES, ETC. 



May 7, 1873, be amended to read as follows : Section^seven (7). The 
Treasurer of the said University, and the said Board, are hereby re- 
quired in the future to invest the principal of the funds arising from 
the endowment granted by the United States, in interest bearing bonds 
of the United States, or of this State, or in good County, or School 
District bonds of this State. They are hereby prohibited from chang- 
ing the securities in which said fund may be invested, except for 
reinvestment in interest bearing bonds of the class and character 
specified above in this section. 

§ 2. [Emeegency.] Whereas, a portion of the investments of said 
fund will terminate in the month of May, and for that reason an 
einergency exists requiring that this act should take effect immedi- 
ately; therefore, this act shall take effect and be in force from 
and after its passage. 

Approved April 17, 1877. 



INDUSTRIAL UNIVERSITY. 
'i 10. Certificates and Diplomas. 

An Act to amend section ten of an act entitled ^^An act to provide for 
the organization and maintenance of the Illinois Industrial University," 
approved February 28, 1867. Approved May 11, 1877. In force July 1, 

1877. 

Section 1. Be it enacted by the People of the State of Illinois, represent- 
ed in the General Assembly, That section ten (10) of the above entitled 
act be amended to read as follows : 

§ 10. [Certificates and Diplomas.] The faculty of the Univer- 
sity shall consist of the chief instructors in each of the several depart- 
ments. The trustees, on recommendation of a majority of the faculty, 
may authorize the Regent of the University to issue certificates of 
scholarship under the seal of the University, to any student of good 
moral character who shall have been in attendance not less than one 
year, and shall have completed satisfactorily the studies of the year, 
which certificates shall set forth the precise attainments as ascertained 
by special examinations in the several branches of learning studied 
by such student during his attendance in the University; and on like 
recommendation of the faculty, the trustees may authorize the Regent, 
as President of the University to issue diplomas to such persons as 
shall have completed satisfactorily the required studies, and sustained 
the examinations therein, conferring such literary and scientific de- 
grees as are usually conferred by Universities for similar or equivalent 
courses of studies, or such as the trustees may deem appropriate. All 
certificates and diplomas shall be in the English language, unless the 
student entitled to receive the same shall otherwise prefer. 

Approvhd May 11, 1877. 



WOLF SCALPS. 21f 



WOLF SCALPS. 



? 1. Bounty on. I {i 3. Scalp to be produced. 

I 2. Allowance to be entered of Record. | | 4. Duty of Clerk. 

An Act authorizing counties to give a bounty on wolf scalps. Approved 
May 18, 1877. In force July 1, 1877. 

Section 1. [Bounty On.] Be it enacted by the People oj the State 
of Illinois, represented in the General Assembly, That the County Board 
of any county in this State may hereafter allow such bounty on 
wolf scalps as said board may deem reasonable, said bounty to be 
paid out of the Treasury of the county wherein said wolf or 
w^olves were killed, upon the certificate of the Clerk of the County 
Board. 

§ 2. [Allowance to be Entered on Record.] When the Countj'- 
Board of any county shall determine upon the allowing of a bounty 
on wolf scalps, for any one j^ear, they shall enter an order upon their 
record setting forth the amount of such allowance. 

§ 3. [Scalp to be Produced.] The person claiming a bounty 
shall produce the scalp or scalps, with the ears thereon, and within 
sixty days after the same shall have been caught, to the Clerk of the 
County Board wherein such wolf or wolves may have been caught 
and killed, whereupon, the Clerk of said Board shall administer to 
said person, the following oath or affirmation, to-wit : "You do sol- 
emnly swear (or affirm, as the case may be), that the scalp or scalps 
here produced by you was taken from a wolf or wolves killed and first 
captured by yourself within the limits of this county and within the 
sixty days last past ;" which oath or affirmation shall be subscribed 
by the affiant. 

§ 4. [Duty of Clerk.] It shall be the duty of the several Clerks 
of the County Boards to keep a record of the amount of certificates 
issued as a premium for wolf scalps, to whom, and at what date, 
and layphe same before the board at its regular annual meeting in 
each year. 

Approved May 18, 1877. 



JOINT RESOLUTIONS. 



ADJOUKNMENT. 



Resolved by the Home of Representatives^ the Senate concurring herein, 
That when the two hoases adjourn this day (January 25) they stand 
adjourned until Thursday, February 1, 1877, at 10 o'clock a. m. 



Resolved, by the House of Representatives, the Senate concurring therein, 
That when the two houses of this General Assembly shall adjourn 
on Thursday, the 24th day of May next, they shall stand adjourned 

sine die. 



AGRICULTURAL COLLEGE. 

Whereas, In the case of the People of the " State of Illinois ex rel. 
the Attorney General versus The Irvington Agricultural College," 
there has been a judgment rendered in the Circuit Court of Washing- 
ton County, Illinois ; therefore 

Resolved by the House of Representatives, the Senate concurring therein, 
that the Attorney General is hereby instructed to proceed at 
once in the Supreme Court of this State to further test in said case the 
rights of this State, and report to the olst General Assembly his pro- 
ceedings under this resolution. 



amendment to constitution. 

Resolved by the House of Representatives of the State of Illinois, the Senate 
concurring herein, That there shall be submitted to the voters of this 



JOINT RESOLUTIONS. 219 



State, at the next election for members of the General Assembly, a 
proposition to so amend the thirty-first (31st) section of the fourth 
(4th) article of the constitution of this State that the same may read 
as follows : 

The General Assembly may pass laws permitting the owners of 
lands to construct drains, ditches and levees for agricultural, .sanitary 
or mining purposes, across the lands of others, and provide for the or- 
ganization of drainage districts and vest the corporate authorities 
thereof, with power to construct and maintain levees, drains and 
ditches, and to keep in repair all drains, ditches and levees heretofore 
constructed under the laws of this State, by special assessments upon 
the property benefited thereby. 



ART GALLERY. 

Resolved by the House of Re^jresentatives, the Senate concurring herein., 
That the Secretary of State is hereby instructed and empowered to 
prepare the art gallery of the State House for the temporary reception 
of the trophies and records of the office of the Adjutant General of the 
State : Provided, That the cost of fitting up said gallery and the re- 
moval of said troj)hies and records shall not exceed three hundred 
dollars. 



CHAPLAINS. 

Resolved, by the House of Representatives, the Senate concurring herein, That 
there shall be paid to each of the clergymen of this city who have 
officiated as chaplains of the 30th General Assembly, the sum of thirty- 
six dollars. 

The names to be divided equally and placed upon the pay rolls of 
the two Houses and certified by the respective presiding officers to the 
amount specified in this resolution. 



COMMITTEES. 



Whereas, In the discharge of their duties, as members of the 30th 
General Assembly, many members have been compelled to travel to 
various parts of the State, in discharge of committee work ; and 

Whereas, No positive rule now exists by which to compute the 



220 JOINT RESOLUTIONS. 



amount of compensation due such members for expenses so incurred 
by them ; therefore, be it 

Resolved by the House of Represerdatives, the Seiiate concurring herein, 
That the Senate Committee on " Expenses of the General Assembly," 
and the House Committee on " Contingent Expenses," be instructed 
to jointly inquire into said matter, and report to the House and 
Senate the respective amounts due each member of any committee 
that have so incurred expense in the discharge of their duties. 



DAMAGES CAUSED BY DAMS. 

Resolved by the House of Representatives, the Senate concurring herein, 
That a committee of five be appointed — three by the Speaker of the 
House, and two by the President of the Senate ; and that it shall be 
the d\xiy of such committee to investigate at some favorable time 
during the present year, all claims for damages caused by the con- 
struction of the dams at Henry, on the Illinois river, and at New 
Haven, on the Little Wabash river, and report : 

1st. The number of acres of land owned by such individuals dam- 
aged b}^ reason of the construction of the dam on the Illinois river at 
Heniy, and of the dam on the Little Wabash river at New Haven, 
with a full description, location, etc,, with reference to said dams ; the 
names of the present owners of said lands, and the different convey- 
ances thereof, if any, since such dams were constructed. 

2d. The value of such land prior to the construction of such dams. 

3d. The value of such land since the construction of such dams. 

4th. The amount of damages, if any, to each tract of land, and 
also the damage to any and all other property injured by reason of the 
construction of said dams. 

The said committee to be authorized, if they find necessary so to do, to 
employ a clerk and to send for persons and papers, and to examine 
witnesses, under oath, as to the questions aforesaid ; and to visit the 
premises and to take such testimony, and to report to the House and 
Senate of the next General Assembly. * 

The members of said committee, and the clerk, shall be allowed at 
the rate of five dollars per day for time actualh'- and necessarily em- 
ployed in such examinations, and actual traveling expenses, but no 
other compensation for performing the duties herein required : Provi- 
ded, That no member of the Senate or House of Representatives 
residing in any count}^ or district where any of such overflowed lands 
are located, shall be appointed on said committee. 



JOINT RESOLUTIONS. 221 



FISH WAYS. 



Resolved by the House of Representatives of the 30th General Assembly, 
the Senate concurring herein, That the Canal Commissioners of the Illi- 
nois and Michigan Canal be requested to construct fishways in all the 
government dams of the State. 



INAUGURATION. 



Resolved by the House of Representatives, the Senate concurrinrj hxrein^ 
That they will hold a joint session in the Hall of Representatives on 
Monday next, January 8th, at the hour of 12 m., for the purpose of 
witnessing the inauguration of the Governor, Lieutenant Governor^ 
and other State officers elect. 



INAUGURATION. 



Resolved by the House of Rejjresentatives, the Sevuate concurring herein. That 
a committee of three from the House and two from the Senate, be ap- 
pointed to wait upon the Honorable Judges of the Supreme Court, and 
invite them to be present at the inauguration of the Governor and 
other State officers elect. 



.lOINT RULES. 



Resolved by the House of Representatives, the Senate concurring therein, 
That a joint committee of three on the part of the House, and two on 
the part" of the Senate, be aj)pointed as a committee on joint rules. 



LEVEES, LOWER MISSISSIPPI. 



Whereas, The Government of the United States has, within the 
thirteen years last past, collected from the people of the State of 
Illinois, the enormous sum of $193,000,000, and, 

Whereas, Said sum of money is largely in excess of the aggregate 



222 ■ JOINT RESOLUTIONS. 



sum collected from the people of the States of Tennessee, Arkansas, 
Louisiana, Mississippi, Alabama, Florida and Texas, in the same 
period of time — States directly interested in the levee of the lower 
Mississippi — and, 

Whereas, The improvement and repair of said levees is contem- 
plated by Congress, and is now under consideration by the Gen- 
eral Government, and 

Whereas, The citizens of Illinois have constructed many miles of 
levee along the Mississippi, Wabash and Ohio rivers, and 

Whereas, Said levees are in the same need of improvement and 
repair as those on the lower Mississippi ; Now, therefore, be it 

Resolved by the House of Representatives, the Senate concurring herein, That 
should the government of the United States decide to appropriate 
, money for the improvement and repair of the levees of the lower 

Mississippi, that our Senators and Representatives in Congress are 
|i requested and instructed to use their influences and votes to procure 

ilji an appropriation for the like improvement and repair of the levees of 

I this State, which shall be just in amount after taking into considera- 

tion the" amount of taxes paid by our people, and the number of miles 
■of levee constructed and now under construction in the State of Illinois, 
Resolved, That copies of this Preamble and Resolution be forwarded to 
our Senators and Representatives in Congress by the clerk of this 
House. 



MISSISSIPPI valley. 

Whereas, Mississippi Valley has heretofore received from the 
General Government but meager appropriations for the improvement 
of its rivers and harbors ; and 

Whereas, The Mississippi Valley and its slopes produce the great 
bulk of the agricultural supplies of the country, and the producing 
classes of our people here, have been and are still compelled to ship 
the products of their industries to tide water over expensive lines of 
railways, at a cost of twenty per centum of the gross value of 
such products, a tribute they can illy afford to pay monopolists, and 
from which they of right ought to be protected by the General Gov- 
ernment : and 

Whereas, If the navigation of the Mississippi river, and its tribu- 
taries, should be improved by the judicious expenditures of liberal 
appropriations made by Congress, our surplus products could reach 
tide water by way of New Orleans, at a cost of six per centum of 
their gross value, saving to the Western producers fourteen per 
centum of the gross value of the products of their industries, which 
they would lose if compelled to reach tide water through unnatural 
channels ; and 

Whereas, By means of the first liberal appropriation made by 
Congress for the removal of obstructions to these Western rivers), the 



JOINT EESOLUTIONS. 223 



mouth of the Mississippi has been successfully opened to commerce, 
but the benefits resulting from the consummation of this great enter- 
prise can only be partially enjoyed by the inhabitants of the slopes 
and Valley of the Mississippi, unless their means of egress be facili- 
tated by improving the navigation of the Western rivers ; and 

AVhereas, By judiciously expended appropriations commensurate 
with the benefits which would result therefrom, the channel of 
the Mississippi river between the mouth of the Missouri River 
and the Gulf of Mexico, might be shortened nearly two hundred 
miles, together with the removal of the bars which retard the velocity 
of the current, this great stream might be subdued, and the immense 
adjacent territories of productiveness, now worthless from annual in- 
undations and resulting malaria, might be reclaimed and utilized, 
therefore be it 

Resolved by the House of Representatives, the Senate concurring herein, 
That the Congress of the United States, be, and is hereby memorialized 
to make just, liberal and sufficient appropriations for the permanent 
improvement of the navigation of the Mississippi river, and its trib- 
utaries and their harbors; and the expenditure of any money which 
may be appropriated, and in all contracts for such river and harbor 
improvements, that Congress adopt like rules and stipulations as in 
the contract with Captain Eads, by the act of Congress approved 
March 3, 1875. 

Resolved, That the Governor is hereby requested to transmit a copy 
of this memorial and these resolutions to the Governors of Wisconsin, 
Minnesota, Iowa, Missouri, Arkansas, Louisiana, Mississippi, Ten- 
nessee, Kentucky, Indiana, and Ohio, and request the co-operation of 
their Legislatures in advocacy of this memorial and resolutions. 

Resolved, That this memorial and these resolutions be transmitted 
throurh the proper channels to the Senate and House of Representa- 
tives of the United States. 



PAY OF MEMBERS. 

Resolved by the Senate, the House of Representatives concurring herein, That 
the Auditor of Public Accounts is hereby directed to draw his warrant 
on the Treasurer for the sum of fifty, dollars, allowed each member of 
the General Assembly by law, to be paid on pay rolls certified by the 
President of the Senate and Speaker of the House. 



PATENTS. 

Whereas, The patent laws of the United States have been so de- 
vised and construed as to shield and protect great and oppressive 



224 JOINT RESOLUTIONS. 



monopolies, and to encourage gigantic speculations for the benefit of a 
a few, at the expense of the people, while they are totally inadequate 
to secure to inventors adequate compensation for their inventions ; 
therefore, 

Resolved by the Hoxise of Representatives, the Senate concurring herein^ 
That the Senators from this State in Congress are instructed, 
and the Representatives are requested, to use their earnest efforts to 
secure such amendments to said laws as will provide : 

1st. That any person may use any patented invention upon exe- 
cuting a bond in such sum, and with such security as the Circuit Court 
of the United States, for the district in which such use is to be made, 
shall direct and approve, conditioned that he will pay to the owners 
of such invention a proper license fee for the use of the same, which 
bond shall be filed in the office of the clerk of said court. 

2d, That in all cases the measure of the license fee shall be such 
sum as will give the inventor reasonable compensation for his time, 
labor, ingenuity and expanse, vfhich sum shall in no case exceed the 
fee fixed for such use in contracts made by the inventor or owner ; 
and such license fee shall be the measure of damages in all actions 
and proceedings for the infringment of patents, and no other recovery 
for damages or piofits shall be allowed. 



PARK COMMISSIONERS. 

Whereas, Extraordinary powers have been conferred upon the Park 
Commissioners by act of the Legislature of the State ; and 

Whereas, An unjust exercise of the powers so conferred may, in 
times of great financial depression like the present, be made the 
means of oppression by levying distressing taxes upon the property 
within the jurisdiction of the Commissioners; and 

Whereas, By the terms of such acts the Commissioners are not 
amenable to the people whom they tax for the money to purchase and 
carry on parks, and grave complaints are made by citizens of Chicago 
of the onerous, unjust, unnecessary, and oppressive taxation to which 
they are subjected by the Commissioners, and of the unwise, inju- 
dicious, and reprehensible expenditures of money so raised, as follows: 
That raised by the sale of bonds ; therefore, be it 

Resolved by the House of Representatives, the Senate concurnng. That a special 
committee of five, composed of three members of the House and two 
members of the Senate, be appointed to inquire into the complaints 
and ascertain how many acres of land are now embraced within the 
lirnits of the parks and of the boulevards connected therewith, and 
how many more are contemplated to be purchased ; and, second, from 
whom said lands were purchased, date ©f purchase, and price paid per 
acre in each instance ; third, the amount of taxes raised, directly and 
indirectly, for the purchase and improvement of lands since the date 
of the first purchase, the cost of levying and collecting said tax, and 



JOINT RESOLUTIONS. 225 



the objects, purposes and items for which said taxes so raised were 
expended ; the amount of bonds, if any, which have been issued and 
held by said Commissioners, for what amount sold, commission for 
selling, and to whom paid, and what disposition has been made of all 
proceeds ; what sums of money, bonds, certificates, checks, lots, lands, 
and other articles and things of value have been paid, directly or in- 
directly, to the owners, editors or managers of any of the weekly or 
daily papers of the city of Chicago, or to any person or persons acting 
or pretending to act for them, as a payment, gift, grant, donation or 
bonus for any services rendered or pretended to have been rendered, 
and if so, to whom ; what sums of money or aforesaid considerations 
have been paid to any Commissioners, either directly or indirectly, 
and for what paid, and whether any of them have held any salaried 
office, place or position of trust by virtue of said Commission, and 
what was such service, and what was paid therefor, and to whom 
paid; what considerations, either of money, bonds, stock, lots, etc., 
have been paid as attorneys' fees, and to whom, together with the 
whole cost of litigation and witness fees. Further, what lots or land 
in the vicinity of parks and boulevards are now owned or have been 
owned by the Commissioners, or any of them, or by any person or 
persons acting for them, together with the value of said lots and 
lands ; what amount has been expended by the Commissioners, or by 
their authority, for building, hot-houses, botanical gardens, beasts, 
birds and statuary, ornaments, and so forth, and whether the expendi- 
ture was authorized by law ; what prices have been paid contractors or 
others for materials furnished and vvork done in and upon said parks, 
and whether contracts for all such work have always been awarded to 
the lowest bidders ; what will be the probable cost of the acquisition 
of such additional lands as will be required for the use of said parks, 
and completing all improvements, and the annual cost of keeping up 
the same, and to inquire into such other matter as to said committee 
may seem fit. 

Resolved, That the same committee be empowered to send for wit- 
nesses and papers, take testimony and conduct the proceedings of 
this investigation the same as in open court, and further, be instruct- 
ed to report whether the existing park laws have been violated, and 
in what instance, and what measure, if any, can be adopted to reduce 
taxation for park purposes and the expenses of tlie said Park Com- 
missioners in the city of Chicago, and report to the present session of 
the Legislature without delay. 



PENITENTIARY COMMISSION. 



Whereas, The International Penitentiary Commission, consisting 
of credited delegates from fifteen Goverments of Europe and one from 
the government of the United States, has made the necessary prelimi- 
nary preparation for an International Penitentiary Congress, to be 
—15 



226 JOINT RESOLl TIONS. 



held at Stockholm, Sweden, under the auspices of the Swedish govern- 
ment, to consider and discuss questions connected with criminal juris- 
prudence and prison discipline throughout the world ; and, 

Whereas, Said congress is to be composed solely of prison officials, 
and delegates appointed by governments, and the State of Illinois, in 
common with the other States of this Union has been officially re- 
quested to send a representative to attend its sessions ; and, 

Whereas, The appointment of such Commissioner has been recom- 
mended by the National Prison Asssociation, the American Social 
Science Association, and various other learned societies in the Uni- 
ted States ; therefore, 

Resolved by the Senate^ the House of Representatives concurring therein, That 
the Governor be and is hereby authorized to appoint a Commissioner 
from the State of Illinois to attend the meeting of the said Interna- 
tional Penitentiary Congress, and to report thereon to the Governor. 



PENSION TO SOLDIERS IN THE MEXICAN W^AR. 

Whereas, The House of Representatives at Washington city did, on 
the fourth (4th) day of January last, by a unanimous vote, pass a bill 
granting a pension of eight (8) dollars per month to the soldiers of the 
Mexican war, and to their unmarried widows; therefore, be it 

Resolved by the Senate of the State of Illinois, the House of Representatives 
concurring herein, That our Senators in Congress be, and they are here- 
by instructed to vote for and use their influence to secure the speedy 
passage of said bill by the United States Senate. 

And that they also be requested to insert in such bill the following : 

That the soldiers of the Black Hawk war and their unmarried wid- 
ows shall receive as a pension the sum of eight (8) dollars per month. 



silver dollars. 



Resolved by the House of Representatives, the Senate concurring herein, 
That the members of both Houses of Congress from this State, are 
hereby instructed to introduce, and advocate the passage of a bill pro- 
viding for the free coinage of silver dollars of the old standard of weight 
and fineness; to be a legal tender for any amount and for all purposes. 



JOINT RESOLUTIONS. 227 



STATE OFFICERS. 

Resolved by the House of Representatives, the Senate concurring herein, 
That a committee of three on the part of the House, and two on the 
part of the Senate, be appointed to wait upon Shelby M, Cullom, Gov- 
ernor elect; Andrew Shuman, Lieutenant Governor elect; George H. 
Harlow, Secretary of State ; Thomas B. Needles, Auditor ;. Edward 
Rutz, Treasurer, and James K. Edsall, Attorney General, and inform 
them of their election, and request their attendance at a joint session 
of the General Assembly, in the Hall of Representatives on Monday 
next at 12 o'clock M., to take the oath of office prescribed by law. 



SWAMP LANDS. 

Whereas, Section 2, of the Act of Congress, approved March 2, 
1855, entitled an Act to amend the Act approved September 28, 
1850, entitled an Act to enable the State of Arkansas and other States 
to reclaim the Swamp Lands within their limits, provides that upon 
due proof by the agent of the State or States, before the Commis- 
sioner of the General Land Office, that any land located subsequent to 
the 28th day of September, 1850, by warrants or scrip, the State or 
States should be authorized to locate a quantity of like amount upon 
any of the public land subject to entry at one dollar and twenty-live 
cents per acre or less. 

And Whereas, Said law is inoperative on account of the rules and 
decisions of the Commissioner of the General Land Office, declaring 
that said indemnity scrip can only be located upon lands subject to 
entry in the State of Illinois, and of his refusal to further issue said 
scrip ; therefore be it 

Resolved, the Senate and House concurring therein, That the Congress of 
the United States be requested by act or otherwise, to instruct the 
Commissioner of the General Land Office to issue said scrip and to al- 
low its location upon any of the public lands subject to entry at $1.25 
per acre or less, within or without the State of Illinois, and that he 
be directed to issue the same in eighty and one hundred and sixty 
acre tracts. 



UNION STOCK YARDS. 



Whereas, It is generally charged and alleged that the authorities 
at the various union stock-yards in this State are guilty of charging 
extortionate rates for feed and yardage for live stock consigned to 
such yards; and 



228 JOINT RESOLUTIONS. 



Whereas, It is also alleged that the rdles and practices at said 
5'ards permit and enforce nearly a total loss to the shipper of all dead 
animals that may be unloaded at such yards ; therefore, be it 

Resolved by the Senate, the House of Representatives concurring herein, 
That the Committee on Railroads in the Senate and House be in- 
structed to jointly inquire into such charges and practices, and to re- 
port to this General Assembly, at an early day, what legislation, if 
any, is necessary to protect the agricultural and stock-growing in- 
terests from the extortions of such corporations. 



ELECTION OF UNITED STATES SENATOR. 

Resolved by the Senate, the House of Representatives concurring herein, That 
on Tuesday, the 16th day of January instant, at 11 o'clock, A. M. each 
house shall by itself, and in the manner prescribed by sections four- 
teen and fifteen of Revised Statutes of the United States, of 1873 and 
1874, name a person for Senator in Congress from the State of Illinois, 
for the term of six years from the 4tli day of March, A. D., 1877 ; and 
on Wednesday, the 17th day of January, instant, at 12 o'clock merid- 
ian, the members of the two houses shall convene in joint assembly, 
in the hall of the House of Representatives, and in the manner pre- 
scribed in said law declare the person who has received a majority of 
the votes in each house, if any person has received such majority, 
duly elected Senator to represent the State of Illinois in the Congress 
of the United States for the term aforesaid ; and if no one person has 
received such majority, then proceed as prescribed in said law, in 
joint assembly to choose a person for the purpose aforesaid. 



VANDALIA LOTS. 

Whereas, There is now in possession of the Auditor of the State of 
Illinois a book entitled " Vandalia Lots," containing the original plat 
of the town of Vandalia ; and, 

Whereas, Said book is of no importance to citizens of this State, 
outside of Fayette county ; and. 

Whereas, Said book is but useless rubbish where it now is ; there- 
fore be it 

Resolved by the House of Representatiiies, the Senate concurring herein, That 
the circuit clerk of the county of Fayette and State of Illinois, is here- 
by made the custodian of said book entitled "Vandalia Lots," and he 
is hereby authorized to procure and properly receipt for the same. 



CERTIFICATE. 229 



CERTIFICATE. 



Executive Department, 
Office of Secretary of State. 

United States of America, | 
State of Illinois. j 

I, George H, Harlow, Secretary of the State of Illinois, do hereby 
certify that the foregoing published acts of the Thirtieth General As- 
sembly of the State of Illinois, are true and correct copies of said acts, 
which have been approved by the Governor and filed in the office of 
the Secretary of State, with the exception of words or letters printed 
in brackets, thus : [ ] ; and that the foregoing published joint reso- 
lutions are true and correct copies of the same as filed in this office. 

In witness whereof I herewith set my hand and affix the seal of 
State, at the city of Springfield, this 29th day of June, A. D. 1877. 

[seal.] GEO. H. HARLOW, 

Secretary of State. 



INDEX 



PAGE. 

ADMINISTRATION OF ESTATES— 

Adjustment of claims 1 

Unclaimed mouey 2 

AGRICULTURE AND HORTICULTURE— 

Board to make report 2 

Statistics 3 

AMENDMENTS TO CONSTITUTION— 

How proposed 4 

How result declared 5 

ANIMALS— 
Certain animals and birds personal property 6 
Cruelty to animals, prevention 6 

APPROPRIATIONS— 

Barnard and Gowen, damages 8 

Blind Institution 8 

Conviction of criminals in other States 9 

Copperas Creek dam 9 

Deaf and Dumb Institution 11 

Douglas mouiiment 11 

Eye and Ear Infirmary, Chicago 12 

Feeble-minded children— asylum 13 

German National Bank, lost bond 14 

Henry Head, expenditures suppressing re- 
bellion ; 12 

Horticultural Society 16 

Industrial University 17 

Insane— Central Hospital 18,19 

•' Eastern Hospital 20 

" Northern Hospital 24,25 

'' Southern Hospital 26 

Lincoln Montiment 27 

Normal University, Normal 27 

Norm'i.l University, Southern 28,29 

Penitentiary. Northern 30 

Penitentiary, Southern 30 

Reform school 35 

Soldiers' Orphans' Home 36 

Spring Lake, improvement 37 

State Board of Agriculture 7 

State Board of Health 210 

State Government 37 to 45 

State Historical Library and Natural History 

Museum 14 

State House 46 

State house grounds 47 

Williamson and Jackson counties, suppress- 
ing insurrection 50 

ATTORNEY-GENERAL— 
To canvas vote, amendments to constitution 5 
To consider proof of claims for conviction 

in other States 9 

To approve title. Eye and Ear Infirmary 13 

To approve title, Feeble-minded Institute.... 13 
To examine title. Eastern Hospital for In- 
sane 24 

To approve purchase of land for Southern 

Penitentiary 31 

To canvas vote on appropriation for State 

House 46 

To investigate suit on bond for grounds for 

State house 49 

To represent the State before commission 
for claims 65 



P.iGE. 

AUDITOR OF PUBLIC ACCOUNTS— 
To send forms for agricultural statistics to 

county clerks 3 

To canvas vote, amendment to constitution 5 
To consider jjroof of claims for conviction 

in other States 9 

To approve purchase of land for Southern 

Penitentiary 31 

To canvas vote on appropriations for State 

house 46 

To be clerk ex-officio of commission of claims 64 
To report to Governor awards by commis- 
sion of claims G5 

To make annual insurance report 107 

To certify bonds 160 

To compute rates per cent. State tax 170 

To draw warrants : 

State Board of Agriculture 7 

Blind — Institution s 

Copperas Creek dam 10 

Deaf and Dumb — institution 10,11 

Douglas monument vi 

Claim of Henry Head 12 

Eye and Ear Infirmary 13 

Feeble-Minded Institute 23 

German National Bank, Chicago 14 

State Historical Library ii; 

Industrial University 17 

Central Hospital for "insane 19 

Eastern Ilosjiital tor Lisane 19 

Nortliern Hospital for Insane 26 

Southern Hosjjital for Insane 26 

Lincoln monument 27 

Normal University, at Normal 28 

Normal University, at Carbondale 29 

Northern Penitentiary 30 

Southern Penitentiary 34 

Reform School 36 

Soldiers' Orphans' Home 37 

Bills of expense 30th General Assembly.... 38 

Expenses State government 39"to 45 

Completion of State house 47 

Additional grounds for State house 49 

Williamson and Jackson counties 50 

Appellate Court, Chicago 72 

Supreme Court Reports, purchased by 

State 75 

Officers and employes of General AssemblyllS 
Authorized advertisements 207 

CEMETERIES— 
Power to establish 51 

CHARITABLE INSTITUTIONS— 
State divided into districts 51 

CITIES, VILLAGES AND TOWNS— 

Election of city officers 54 

How towns may become cities 54 

Ferries and bridges 61 

Municipal taxes, how assessed and collected 61 

Police and firemen's relief fund 62 

Repeal act incorporating Macedonia 55 

Surplus fund or tax 55 

Taxes in incorporated cities 56 

Water taxes declared valid 61 

Cities invested with certain powers ..; 213 

Issuing new bonds 162 



II 



INDEX. 



PAGE. 
COMMISSION OF CLAIMS— 
Claims against the State 64 

(:;ONVEYANCES— 
Tenements surrendered or merged 65 

CORPORATIONS— 

Changing number of directors 67 

Suits against stoclcholders 66 

COUNTIES— 
Removal of obstructions from water courses 68 

COURTS— 

Appellate courts created 69 

Judicial circuits, State divided 73 

Supreme Court Reports, how and when 

published 74 

Citv courts 76 

County courts 77,78,114,118 

Probate courts 79 

Repeal act establishing recorder's court. 

El Paso 84 

Practice in courts of record 146 

CRIMINAL CODE— 

Taking illegal fees 87 

A'agabonds, what shall constitute. 87 

Causing witnesses to abscond 89 

Wrongs to children 90 

Frauds in the coloring of grain 91 

Conspiring, to define and punish 92 

Ex travagence in expenditure of money on 

public works 92 

To punish advertising for divorces 95 

Persons not attorneys restraiued from prac- 
tice 129 

Practicing medicine without license 157 

Conspiracy to impede business 168 

DESCENT OF PROPERTY— 
Rules of descent 94 

DRAINAGE— 

Petition to court 95 

Compensation for property taken 90 

DRAM SHOPS— 
Selling liquor 



99 



ELECTIONS— 

When citv election may be lield 54 

Affidavit of witness 100 

Repeal act town of Silver Creek 100 

Illegal voting by paupers 144 

Municipal corporations may vote to issue 

new bonds 162 

Election for School Directors 202 

Polling places, regulations 213 

EVIDENCE AND DEPOSITIONS— 
State patents, when copy prima facie evi- 
dence 101 

EXEMPTIONS— 

Exempt property 101 

Insolvent debtors 116 

While performing military duty 134 

FEES AND SALARIES— 

Judges of city courts and county judges 103 

ISIasters in chancery 104 

County collectors 105 

Clerks of courts of record 106 

Constables 107 

FORCIBLE ENTRY AND DETAINER— 
Appeal — writ of restitution 109 

GAME— 

When game may not be killed 110 



PAGE, 
GENERAL ASSEMBLY— 

Officers of the General Assembly Ill 

Pay of officers 112 

GOVERNOR— 
Amendment to Constitution, to canvass 

vote 5 

Amendment to Constitution, to make proc- 
lamation of result 5 

To consider proof of claim for conviction 

in other States 9 

Trustee of State Historical Library 15 

To cause proclamation of vote on appropria- 
tion for State-house 47 

To compute rates per cent.. State tax 170 

Direct in what newspapers publication shall 

be made 207 

Must approve— 
Order of President State Agricultural 

Board 7 

Vouchers and estimates. Copperas Creek.. 10 

Bond, German National Bank, Chicago 14 

Vouchers, Industrial University 17 

Expenditures Central Hospital for Insane 19 
Plans, additional wings to Central Hos- 
pital 20 

Plan for Eastern Hospital for Insane 22 

Contract for building Eastern Hospital 

for Insane 23 

Title to Eastern Hospital for Insane 24 

Plans for additions to Northern Hospital.. 25 

Vouchers, Normal University, Normal 28 

Vouchers, Normal University, Carbondale 29 

Vouchers, Northern Penitentiary 30 

Purchase of land for Southern Peniten- 
tiary 31 

Contract for convict labor. Southern Pen- 
itentiary 34 

Exchange of convicts from one prison to 

the other 35 

Vouchers, Reform School..... 36 

Bills of expense. Thirtieth General As- 
sembly 38 

Bills of prrticuL\rs, expenses of State 

government 40 to 45 

Expenditure, completion of State-house... 47 

Bond for return of arms 135 

Voucher for authorized advertisement 207 

Shall appoint — 
Two officers to enforce law for prevention 

of cruelty to animals 6 

Seven Commissioners, Eastern Hospital 

for Insane 21 

Three Trustees, Eastern Hospital for the 

Insane 22 

Three Commissioners, Southern Peniten- 
tiary 30 

Three freeholders to condemn grounds 

for State-house 49 

Seven persons, Stata Board of Health 208 

GUARDIANS AND WARD— 

Bond— Proceedings to sell real estate 114 

Release of sureties 142 

HUSBAND AND WIFE— 
Separate maintenance 115 

INSOLVENT DEBTORS— 

Assignment 116 

Power of assignee 119 

INSURANCE— 

Capital of companies 120 

County fire insurance companies 123 

Joint stock companies may extend charter..l21 

Mutual may become joint stock 122 

Auditor may revoke certificate 122 

Township insurance companies 127 



INDEX. 



ni 



PAGK. 

JURY— 

Claims against estates 1 

For Probate Court 80 

Incases of drainage „ 97 

To assess damages inroad cases 187 

JUSTICES AND CONSTABLES— 

Proceedings on default 128 

Persons not attorneys restrained from prac- 
tice 128 

LANDLORD AND TENANT— 

Conveyances 65 

Distress before rent due 129 

MARRIAGES— 

Separate maintenance 115 

License 130 

MILITARY CODE— 

Liability and exem^ption 131 

Enrollment 131 j 

Volunteers 132 

Organization 132 

Exemptions 134 

Parades and encampments 135 

Arms and armories 135 

Fines and court martial 136 

Tax to be levied 138 

General provisions 138 

MILLS AND MILLERS— 
Regulating use of water 138 

MINERS- 

Regulations for coal mines 139 

Inspectors 141 

OFFICIAL BONDS— 
Release of sureties 142 

PAUPERS— 

Overseers of poor 143 

Illegal voting by paupers 144 

Separate support of paupers 144 

Tuition of pauper children 145 

PENITENTIARY— 
Commissioners to construct Southern Peni- 
tentiary 30 

Acts of commissioners legalized 145 

Authorized to convey real estate 146 

PRACTICE— 

Suits — where brought 146 

Incorporated companies, how served with 

process 147 

Order of trial 147 

Proceedings in suits 148 

Supreme court to make rules 154 

PRACTICE OF MEDICINE— 
Persons practicing medicine — qualiflca- 

tions - 154 

Examinations by board 156 

Register of names and address 209 

PUBLICATION IN NEWSPAPER— 

Administrator's notice 1 

Amendments to constitution 4,5 

Proposals for building Eastern Hospital for 

Insane 22 

Contract for heating apparatus, Normal 

University, Carbondale 29 

Notice to non-resident obligors to procure 

grounds for state house 48 

Order for terms of city court 76 

Insolvent debtors, notice to creditors 117 

Mutual insurance companies — notice to 

form joint stock company 122 

New bonds by corporate authorites 162 

Schedule of rates in public warehouses 169 

Sale of delinquent real estate 176 

Proposals for State contracts 207 



PAGE. 

PUBLIC NOTICE BY POSTING— 

Administrator's notice 1 

Notice to issue bonds by corporate authori- 
ties : 162 

Petition to alter, widen or locate road 185 

Meeting of Commissioners of Highways 189 

Petition to open road 198 

Election of School Directors 202 

Where County Board has directed election 
to be held 214 

RAILROAD AND OTHER BONDS— 

Liability, time limited _ 157 

Bonds of counties, cities, etc 158 

RAILROADS AND WAREHOUSES— 

Incorporation of railroad companies 163 

Fencing and operating railroads 164 

Damages by railroad corporation 165 

Required to build depots 166 

Power to use and own water craft 167 

Obstructing business prohibited 167 

Scales for weighing grain 168 

Rate of storage in public warehouses 169 

REPORTS TO THE GOVERNOR— 

State Board of Agriculture 2 

State Entomologist 2 

Treasurer of Agricultural Board 7 

Commissioners of Southern Penitentiary... .32 

State Officers 108 

Auditor, awards bv commission of claims... 65 
State Board of Health 210 

REVENUF.— 

For State purposes 170 

Bridges on border of State — how taxed 171 

Money fortaxes, what kind 172 

Unpaid taxes, form of returns 172 

Powers of collectors of taxes 173 

Appeals from judgments in tax cases 174 

Proceedings in appeal cases 175 

Curing irregularities in assessments 177 

ROADS AND BRIDGES— 

Regulations 178 

Duties of Commissioners 180 

Obstructing roads ". 182 

Altering, widening, vacating or laying out. ..185 

Private roads 190, 197 

Tax for road purposes 196 

Duties of road supervisors , 199 

SCHOOLS— 

Qualification of trustees 201 

Division into districts 201 

Borrowing money to build or repair school- 
houses 204 

Renting or sale of school lands 205 

Repeal act bounding certain school districts 
in St. Clair county 205 

SECRETARY OF STATE— 
Amendments to constitution, to publish 

same 4 

Amendments to constitution, to canvass 

votes 5 

Trustee of State Historical Library 15 

Notify judges when penitentiary is ready... 34 
Certify bills of expense, 30th General As- 
sembly 38 

To purchase volumes decisions Supreme 

Court 45 

To canvass vote on appropriation for State 

House 46 

To keep books and papers of State House 

commissions 47 

To indicate additional grounds for State 

House 48 

To purchase Supreme Court reports 74 

Supplying lost or missing laws 206 

State Board of Health, clerical duties and 

statistics '. 209 

State Board of Health, to provide rooms„...210 



IV 



INDEX. 



PAGE, 
STATE CONTRACTS— 

Rates of advertising by the State ;.... 206 

Commissioners to advertise for proposals.. ..207 

STATE BOARD OF HEALTH— 

Appointment of officers 208 

Duties of the board 209 

STATE TREASURER— 
To canvas vote, amendment to the constitu- 
tion 5 

Bonds to be endorsed 210 

TOLL ROADS— 

Roadbed— tolls 211 

Extension of toll-roads 212 

TOWNSHIP ORGANIZATION— 

Organization of towns by county boards 212 

Powers of city council 213 

Ballot boxes— polling places 213 

UNIVERSITIES— 

Funds in certain bonds 216 

Certificates of scholarship 216 

WOLF SCALPS— 
Bounty— Duty of county clerk 217 



PAGE. 

JOINT RESOLUTIONS— 

Adjournment 218 

Adjournment 218 

Agricultural College 218 

Amendment to Constitution 218 

Art Gallery 219 

Chaplains 219 

Committees 219 

Damages caused by Dams 220 

Fish-waj-s 221 

Inauguration 221 

Inauguration 221 

Joint Rules 221 

Levees— Lower Mississippi 221 

Mississippi Valley 222 

Pay of Members 223 

Patents 223 

Park Commissioners 224 

Penitentiary Commission 225 

Pension to Soldiers 226 

Silver Dollar 222 

State Officers 227 

Swamp Lands 227 

Union Stock Yards 227 

United States Senator 228 

VandaliaLots 228 



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